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Old 06.12.2014, 02:31
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Signed off sick during Notice Period

During my OH's 3 months notice period, served by the Company in September, he was recently signed off work by his Doctor with a severe ear infection, signed off for 4 days despite doctor wanting to extend them. Today he learnt from a swiss colleague, that if you are signed off during the notice period, the employer, has by law to extend the notice period. He asked HR today, but they seem rather vague saying it is swiss law, but that they would need to refer it to the CEO and HR director.

Does any fellow e.f member know what the actual law is regarding this? I.e. If you are signed off for 4 days is your notice period extended by these 4 days?

Thanks in advance to any insight
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Old 06.12.2014, 09:57
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Re: Signed off sick during Notice Period

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During my OH's 3 months notice period, served by the Company in September, he was recently signed off work by his Doctor with a severe ear infection, signed off for 4 days despite doctor wanting to extend them. Today he learnt from a swiss colleague, that if you are signed off during the notice period, the employer, has by law to extend the notice period. He asked HR today, but they seem rather vague saying it is swiss law, but that they would need to refer it to the CEO and HR director.

Does any fellow e.f member know what the actual law is regarding this? I.e. If you are signed off for 4 days is your notice period extended by these 4 days?

Thanks in advance to any insight
I suspect it's extended by a month..........
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Old 06.12.2014, 10:05
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Re: Signed off sick during Notice Period

I think it may depend whether you signed off sick before or after the notice period began.

You cannot 'give notice' to someone who is already on sick leave, but I can't imagine that once the notice is given and accepted, the employee could then go on sick leave and indefinitely extend the notice.

So yes, the employer may need to double check with their HR how to manage the situation correctly.
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Old 06.12.2014, 10:43
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I believe the "notice" clock stops or is suspended by a certified sick note.
The law is referenced on another thread recently posted - sorry cant locate it right now.
In essence yes the notice is extended by 1 month .

http://www.lohnfortzahlung.ch/zeitli...ung-krankheit/


here is the detail

Last edited by 3Wishes; 06.12.2014 at 11:47. Reason: merging successive posts
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Old 06.12.2014, 11:44
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Re: Signed off sick during Notice Period

I agree, believe it's a month. Sounds like the HR person is also being a bit evasive. It's not up to the CEO.
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Old 07.12.2014, 10:52
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Re: Signed off sick during Notice Period

Thanks for the advice, will post an update when we have a definitive answer, keeping fingers crossed though
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Old 07.12.2014, 11:04
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Re: Signed off sick during Notice Period

A colleague was sacked with the standard 3 month notice period, just before the 2nd month he went 'sick' and so far has been 'sick' for 6 months. He gets 80% of his salary.

Suspect the HR person doesnt have a clue and thats why they are being evasive
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Old 10.12.2014, 00:15
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Re: Signed off sick during Notice Period

If the contract says that it can be terminated at the end of the month (given the notice period), that means that (a) notice period stops during the sick leave (b) after return from the sick leave, termination date shifts by the number of days of that sick leave, but since the contract can only be terminated at the end of the month, its termination is being shifted to the end of the following month.

BTW, one more though - if termination is initiated by the employer, the company cannot force employee to take the remaining vacation. Federal Court has set a precedent, where it has stated, that since purpose of vacation is rest, and since fired employee has obligation to find another job, the purpose of vacation cannot be therefore fulfilled. In other words - nice cash compensation for the unused vacation with the final paycheck.
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Old 10.12.2014, 07:21
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Re: Signed off sick during Notice Period

KARMA! Thanks everyone for your responses, happy to report Company have agreed to pay outstanding holiday entitlement together with extending the notice period but on "garden leave" - finally something to put a smile back on his face!
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Old 10.12.2014, 09:57
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Re: Signed off sick during Notice Period

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A colleague was sacked with the standard 3 month notice period, just before the 2nd month he went 'sick' and so far has been 'sick' for 6 months. He gets 80% of his salary.

Suspect the HR person doesnt have a clue and thats why they are being evasive
I think in these cases the salary is paid from the health insurance of the company and doesn't come out of the companies pockets. It has happened at least 3 times at the company where I work in the last 12 months.
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Old 10.12.2014, 11:00
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Re: Signed off sick during Notice Period

Yes it comes from the insurance thats correct.
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Old 10.12.2014, 11:21
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Re: Signed off sick during Notice Period

There is an article about this in the current Consumer Magazine for Romandie 'Bon Savoir'. It confirms the trial period can be extended in case of illness. However, for 4 days only, they might not bother (my take on this not legal)- would 4 days really make that much difference?

But it also makes it clear that in case of illness (not accident) - an employee can still be made redundant- and this depending on how long you've worked for them. During the first year, protection is only for 30 days. From the 2nd to the 5th year of employment, your are protected for 90 days, and from the 6th year, this is extended to 180 days. The employer cannot sack you during the above times of protection, but they can as soon as the above times are up, even if you have a valid medical certificate. So it is wrong to say employees are untouchable when sick forever. They also state that a medical certificate can be questionned by the employee for whatever reason/s, and they can ask for the employee to be examined by an independent doctor of their choosing- who will determine if your illness warrants your absence (although the doctor canoot discuss our illness with the employee- only the 'validity' of your medical certificate).
Many employers have cover for employee sickness, and may not cancel their contract even when the above periods of time are over- as the insurance pays 80% of salary. But many employers do not have said insurance, especially small businesses, and pay out of their pocket, including the employee replacing whomever is ill- and they will wish to terminate your employment as soon as poss- understandably. And they can legally do so- as long as they respect the above times- and as long as the notice is served after that period is over (they can serve notice before, as a 'warning' but have to serve it again officially when the protection time is over.

Holiday entitlement is also affected by long-term illness- from the 2nd month of absence for illness, there is a reduction of 1/12 of yearly entitlement per month of absence.

Last edited by Odile; 10.12.2014 at 11:31.
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Old 10.02.2015, 16:16
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Re: Signed off sick during Notice Period

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I suspect it's extended by a month..........
I just tried to file my paperwork with La Cassa in Lugano yesterday as the end of my notice period was supposed to be at the end of January. Unemployment pay was supposed to kick in this month.

However, they asked me if I had been off sick during my notice period and I was (2 days though not in a row). They said that even if a person is sick one day, their notice period must be extended by one month. They composed a letter to my employer stating that by law (article 336c, cpv1, cpv2, cpv3 in the Code of Obligations), they must consider me a full-time employee for one more month. Supposedly, if one is sick for 29 days during the notice period, it becomes 2 months.

I forwarded the letter to my employer, and following a meeting they acknowledged that the contract must continue unless I am willing to renounce it.

However, it is interesting that they did not come forward with that information on their own. No doubt, they are not happy paying it! (though they do expect work in return).
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Old 29.03.2015, 21:33
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Re: Signed off sick during Notice Period

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BTW, one more though - if termination is initiated by the employer, the company cannot force employee to take the remaining vacation. Federal Court has set a precedent, where it has stated, that since purpose of vacation is rest, and since fired employee has obligation to find another job, the purpose of vacation cannot be therefore fulfilled. In other words - nice cash compensation for the unused vacation with the final paycheck.
Would you/anyone have any link to where has this been confirmed? it seems that a lot of companies are trying to avoid this and force people to use their holidays as part of gardening leave.
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Old 29.02.2016, 18:10
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Re: Signed off sick during Notice Period

Can anyone explain the logic behind the whole "sickness extends the notice period" concept?

I had it used against me a several years ago. I had a new job lined up, ready to start as soon as the obligatory notice period ended, but was sick for a couple of days just before my notice period expired. My dodgy employer used that to force me to work another month, almost ruining the new position.

I'm now in the notice period of my current position, with a signed and accepted contract elsewhere, and my current manager has threatened to extend the notice period if I'm sick. I have injured my knee, but the new employer won't be happy if I can't start as contracted.

What's the point of this law?
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Old 29.02.2016, 18:25
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Re: Signed off sick during Notice Period

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Can anyone explain the logic behind the whole "sickness extends the notice period" concept?

I had it used against me a several years ago. I had a new job lined up, ready to start as soon as the obligatory notice period ended, but was sick for a couple of days just before my notice period expired. My dodgy employer used that to force me to work another month, almost ruining the new position.

I'm now in the notice period of my current position, with a signed and accepted contract elsewhere, and my current manager has threatened to extend the notice period if I'm sick. I have injured my knee, but the new employer won't be happy if I can't start as contracted.

What's the point of this law?
You have to work your notice, just go to work with an injured knee, on crutches or in a wheel chair.
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Old 29.02.2016, 19:31
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Re: Signed off sick during Notice Period

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Can anyone explain the logic behind the whole "sickness extends the notice period" concept?

I had it used against me a several years ago. I had a new job lined up, ready to start as soon as the obligatory notice period ended, but was sick for a couple of days just before my notice period expired. My dodgy employer used that to force me to work another month, almost ruining the new position.

I'm now in the notice period of my current position, with a signed and accepted contract elsewhere, and my current manager has threatened to extend the notice period if I'm sick. I have injured my knee, but the new employer won't be happy if I can't start as contracted.

What's the point of this law?
I am very surprised to hear this. does it mean if you have a 2 month notice period, then once give notice, you cannot fall sick during these 2 months else your current employer can force you to work for another month? it clearly will distrub your future job that is already lined up. as fatmanfilms suggests, sure you can go on crutches to office but whats the point if you lose your future job because of the 1 month delay.
does the law really mean this? and surely nobody knows when one can fall sick and then it is a clear disadvantage. so what should one normally do in such situations? i am sure many of us here in the forum would have gone through such situations?

cheers
happycreature
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Old 29.02.2016, 19:39
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Re: Signed off sick during Notice Period

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During my OH's 3 months notice period, served by the Company in September, he was recently signed off work by his Doctor with a severe ear infection, signed off for 4 days despite doctor wanting to extend them. Today he learnt from a swiss colleague, that if you are signed off during the notice period, the employer, has by law to extend the notice period. He asked HR today, but they seem rather vague saying it is swiss law, but that they would need to refer it to the CEO and HR director.

Does any fellow e.f member know what the actual law is regarding this? I.e. If you are signed off for 4 days is your notice period extended by these 4 days?

Thanks in advance to any insight
That si how I have experienced it.
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Old 29.02.2016, 19:41
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Re: Signed off sick during Notice Period

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I am very surprised to hear this. does it mean if you have a 2 month notice period, then once give notice, you cannot fall sick during these 2 months else your current employer can force you to work for another month? it clearly will distrub your future job that is already lined up. as fatmanfilms suggests, sure you can go on crutches to office but whats the point if you lose your future job because of the 1 month delay.
does the law really mean this? and surely nobody knows when one can fall sick and then it is a clear disadvantage. so what should one normally do in such situations? i am sure many of us here in the forum would have gone through such situations?

cheers
happycreature
No-one knows when one is going to "fall sick" (sic) sorry no pun intended but that is the way the cookie bounces.
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Old 29.02.2016, 22:44
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Re: Signed off sick during Notice Period

It works the other way as well, if you get fired and become sick, the company
have to wait to terminate the contract, the notice period remains the same or stays intact and will not be touched by that matter.
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