I guess he may be talking out of his rear..

Here are some links, mostly in German though and with links to the work law, to back you up:
http://www.1eltern.ch/arbeitsrecht_k...EHR_ALS_3_TAGE
http://www.seco.admin.ch/themen/0038...prungmarke0_10
http://www.beobachter.ch/arbeit-bild...ind-krank-ist/

Good luck!

PS -
sorry, he seems to be mostly right.

According to the first link in 1eltern.ch though:
Was für gesetzliche Rechte haben berufstätige Alleinerziehende, wenn das Kind krank ist?

Gemäss Arbeitsgesetz muss der Arbeitgeber "Arbeitnehmern mit Familienpflichten gegen Vorlage eines ärztlichen Zeugnisses die zur Betreuung kranker Kinder erforderliche Zeit im Umfang bis zu drei Tagen" freigeben. Als Familienpflichten gelten "die Erziehung von Kindern bis 15 Jahren sowie die Betreuung pflegebedürftiger Angehöriger oder nahestehender Personen". Falls ein grösseres Kind alleine krank zu hause ist, hat man das Recht auf eine Mittagspause von mindestens 1 ½ Stunden, um das Kind über Mittag zu versorgen. Ueberstunden darf frau verweigern, wenn ein krankes Kind gepflegt werden muss. Auch vor Kündigung ist frau geschützt, eine Kündigung aus diesem Grund wäre missbräuchlich und könnte angefochten werden. Das Arbeitsgesetz ist eine öffentliche Norm und für alle verbindlich.
Was ist, wenn das Kind länger als 3 Tage krank ist oder mehrere Kinder hintereinander krank sind?

Hilfreich wäre es, wenn der andere Elternteil auch 3 Tage gemäss Arbeitsgesetz beziehen würde, so wären schon 6 Tage abgedeckt.

Falls diese 6 Tage noch nicht ausreichen oder kein zweiter Elternteil zur Verfügung steht: Nach Ablauf der 3 durch das Arbeitsgesetz abgedeckten Tage tritt der Artikel 324a des Schweizerischen Obligationenrechtes in Aktion, welcher den schweizerischen Arbeitsverträgen zugrunde liegt. Da der Arbeitnehmer hier in Erfüllung einer gesetzlichen Pflicht (das Sorgen für ein Kind ist eine gesetzliche Pflicht) unverschuldet an der Arbeitsleistung verhindert ist, "so hat ihm der Arbeitgeber für eine beschränkte Zeit den darauf entfallenden Lohn zu entrichten, ..., sofern das Arbeitsverhältnis mehr als drei Monate gedauert hat oder für mehr als drei Monate eingegangen ist".Wie lange hat der Arbeitgeber Lohn zu bezahlen? Hier gilt dieselbe Regelung, wie wenn der/die ArbeitnehmerIn selber krank ist. Das Obligationenrecht ist die privatrechtliche Norm. Durch Arbeitsvertrag, Normalarbeitsvertrag oder Gesamtarbeitsvertrag können längere Zeitabschnitte bestimmt sein. Im Normalfall sind dies pro Jahr mindestens 3 Wochen.
[Kommentar Kuhn: Da es sich bei der Kinderbetreuung um eine gesetzliche Pflicht handelt, richtet sicht die Lohnzahlungspflicht nach Art. 324a OR.]

Auch Ferien dürfen nicht gekürzt werden, falls jemand "insgesamt nicht mehr als einen Monat im Dienstjahr" fehlt (gemäss Artikel 329b Absatz 2 OR).

Not quite as bleak, but it could be easier, especially on single parents...

I know it's a lot to ask, but can anyone give a rough English translation of the relevant bits as my German is pants and I want to be 100% armed when I face him and not have him confuse me with German

Thanks so much for the links! I've been crying my heart out and stressing since speaking to him and getting my little one down for a nap

Edit: and now I'm getting even more freaked out and scared that I'll get sacked based on some of the things I have read!!

Look, I can try, but I guess this is a bit beyond my capability, so all to be taken with a pinch of salt..



According to labour law, the employer has to give the employee (with family duties) the already mentioned three days off against presentation of a doctors note for children up to 15 years of age (or seniors in need of care/close family).

You're also protected from being fired. A dismissal in that case would be improper and could be fought in a court of law.
The labour law is a public norm and to be honoured by everyone.

Of course it would be ideal if the other half would pick three sick days as well...

After these three days, articel 324a of Swiss Obligationenrecht (http://www.admin.ch/ch/d/sr/220/a324a.html) will spring into action, which will grant the employee a limited time where he can still expected to be paid, due to sickness, IF your employment has been longer than three months!
Unless decreed otherwise by contract, this would be three weeks in the first year of service with that company, and thereafter for an "appropriate time", depending on the period of employment and special circumstances.
(sorry, legalese can all be a bit vague for me...)

This is due to the fact that caring for your child is your duty by law and due to it being through no fault of one's own.


--> I guess it wouldn't hurt to contact one of these organisations for some back-up, if it comes to blows..
Best of luck!

Just so you know, you can get your child immunized against chickenpox, though I don't know at what age. It's really the only illness that knocked my kids flat.

I wouldn't freak out too much about how many days you need to take off because Kids don't get fever, vomiting etc... that often. I have three boys and other than chicken pox, (last one got the jab!), they've been really poorly for more than two days maybe once or twice each. Runny nose and coughs aplenty (not sure what krippes say about this) as well as "don't want to go to school" malarkie, but not that many actual illnesses that required a parent to stay home for extended period of time. Except wretched chicken pox.

You're best bet is to set things up beforehand with professional childcarers whom you trust. It can be done -- at a fairly steep cost, of course, but this is Switzerland afterall. Explore all options before you start work and keep in touch with the people you choose.

Two things: stay-at-home mothers (unless they are tagesmutters) are not a great choice because taking care of someone's ill baby goes a little beyond neighbourliness. I work very limited hours (Swiss education system pretty much guarantees this) and would step in for an emergency (older child breaks leg, needs stitches ect) in a nano-second. But I would not be happy if someone asked me to care for an ill child, if only because the rest of my clan would also get sick. Quid pro quo might work but I wouldn't count on it.

As for an au-pair, young inexperienced girls (which is what an au-pair is) don't have any business caring for a sick baby. They are no substitute for professional carers. I freaked out with my own sick babies -- imagine the reaction from young adult.

Again, don't stress too much. Just do your homework about childcare options and be prepared to pay. Know your legal rights and what other parents do with sick children at your company.

Just found some places you could check out as well on this page:
http://www.1eltern.ch/tipps.php

Single parent association Basel City:
http://eifam.ch/html/start.html

SVAMV (Swiss association of single parenting mothers and fathers)
Der SVAMV unterstützt Einelternfamilien deshalb mit Informationen und Beratung.
They certainly can be more helpful than I am..

So as i have been there for four years I should be ok based on the doctor's note. Thanks so much. Hopefully my Swiss colleague is going to look into it and check our HR policies to see if this is covered.

So stressy!!
P.s. you're a star for coming to my rescue

Is Spitex an option?

Poor little one. Hope she feels better soon!

Never heard of that...will start research now. So far Red Cross costs more than I earn in a day and our daycare have a sick children clinic but with the price of that, plus the fact I still pay her normal daycare fees, I may as well lose two days pay

Thank you all so much for the advice. It seems Article 324a may be my saving grace here. I actually don't want to be stuck at home with a poorly kid with CBeebies on loop all day but that's what a parent should do in my opinion especially when she's so crabby and clingy.

The money lost from unpaid days doesn't bother me at all as I'd rather be here for her. I still cry for my mummy when I'm sick so it seems cruel to not be here for her now.

I just want to make sure they can't dismiss me or give me any crap at work other than to dock my pay.

P.s Red Cross costs are higher than normal because they would need the nanny to take the rest of the week off before looking after other kids.

Spitex are those (mostly) women you see on bikes around town. They are home-care folks.

I am not 100% sure what their remit is, but have been told at various times that they offer home care help for illness.

No chance you can get sick with this too?

A doctor's note would help you at this point... kinda, baring the fact that you would be ill too...

I don't think my doc will believe I have chicken pox unless I get creative with the little ones face painting kits

I don't really want to do anything dishonest anyway but at this rate I may get sick with stress

Hi there!

I am so sorry to hear about your situation, it is terrible when you work and the kids get sick as you are torn between "mommy" and "worker" duty.... been there, done it and it is stressfull and tiring as you double hat all day

On the law side, indeed you are allowed 3 days for each parent per illness and then you are meant to make other arrangements. Most employers are understanding and would be happy if you work from home or take vacation or unpaid leave but they do not have to

So my suggestion would be to approach your boss and let him know you understand this is difficult for him but that it is also difficult for you and that you have no choice but to be home, and that the solution you offer is XYZ (i.e. work from home, work part time from home and part time in office by getting a baby sitter, fly in the grandma, catch up your hrs at weekend when your partner is there etc etc)

Sorry I know this is not so good news but am trying to give you all the relevant legal infos.

Hope your little one gets better very very soon!

Ciao
K

Does your health insurance maybe help toward home care? Mine does.

The offer to work from home as compensation was rejected but he still expects me to have my laptop at home and be available

Babysitters for sick kids are looking way too expensive and flying in Grandma is a no-no too as they all work fulltime as well.

Weekend working or unpaid leave looks like the only option at the moment unless the article 324a that was quoted earlier can help me.

Right now I am starting to care less and less as poor monkey now has spots on the soles of her feet and in her mouth and is less than happy!

Her favourite dvd is on and she has an ice lolly so I should get some peace for a while now though

Just to add to the thread, I think 10 days is a bit excessive to sign off for chicken pox. Most of the kids I know (including my own) who have had it were usually allowed back when all the spots had dried and scabbed over. The infection stage is normally over within max 5 days. Maybe if you mention this to your boss, saying you reckon you'll be able to come back before the 10 days is up, he might cheer up a bit.

Having said that, he's a bit of a miserable sod to make you feel bad for staying home with a sick child. Hasn't he got kids of his own?

Don't want to speak out of turn but what about biological daddy? Sounds like he needs a kick up the jacksie and a stern talking to. Let him take some of the stress.

Good point! I'll go and check.

It's so frustrating trying to figure this all out when all I want to do is cuddle my munchkin

She's only ever been poorly properly once when she was a baby and got pneumonia. I ended up taking two weeks off then with no questions asked....mind you that was with a different line manager but the same company.

I honestly thought that a doctors note overrode the 3 day thing because of this occasion but it seems it depends on your boss and how willing they are to be flexible.

At least I'll be prepared if/when this happens again in the future.

I was thinking 10 days sounded too long too, neither of mine needed so long off with CP.

Well it's only one week that we have been signed off for (until 4th July) but he warned that if it hasn't gone to go back as some kids can take up to 2 weeks especially when they have it in their mouth. Essentially my boss is complaining about two days as i have today until friday as my 3days, then the weekend and Monday I already have holiday as it's my birthday (although my plans are a bit scuppered now).

Bio dad uses the excuse that he lives in ZH and we are in Basel (despite the fact he moved there after we had the babe) and the fact that he has no responsibility as he already pays me each month to look after her (even when she was critically ill in hospital with pneumonia he didn't pay a single visit as he was "too busy")

I think this will vary case by case. My son was still producing new pox after 7 days. He took a full 14 days until they scabbed over.
Ultimately, I think this is definitely a case where it's better to err on the side of caution. You can always go back to work early

Aside from the recommendations made, you can try to ensure you have one or two babysitters lined up who you feel comfortable leaving your child with in those times where you really really do need to get work done. Ideally, these would be people you would ask for regular babysitting help so that there's a relationship built before your daughter is unwell.