Let's say someone has been signed off work, had been receiving sickness absence insurance but now that insurance has expired. If the employer doesn't give notice (because they forgot), what are the consequences?

At a guess I would say that even if your employer forgot, you would have been required to complete and return monthly / bi-monthly confirmations from your Tag Geld Versicherung (sickness insurance company) to provide an update on your medical progress.

Even if your company doesn't notice, then the insurance company certainly will as they have been paying most of the salary.

Additionally, I expect that you were required to sign-up for IV (state invalid insurance) benefits quite early on, so the IV will have been tracking this as well.

Yeah, all the insurance/taggeld stuff has now come to an end so we can forget about that. The IV application was made 18 months or so ago but no idea as to what the result will be or when it will come.



I mean, does the employer need to start paying its own sick pay (probably not)
Do they need to keep paying pension/accident inurance etc (I guess probably)


Can anyone see a *disadvantage* to this situation (continuing to be employed but signed off sick)

Is the person in question able to return to work at all.

Would be highly surprised if the employer didn't recognise that the sick leave status had changed, given all the communication from the state and employment insurance.

Then it really depends on the employers policy concerning re-integration of employees who've been off-sick, and this is not always very clear. I doubt that once the employers insurance benefits have expired that any financial obligations are due. Pension/accident insurance is deducted from your salary, which will no longer be there.

This is not something to be brushed under the carpet, and needs to be discussed with the employer: there will be contractual obligations from both sides, regardless of who forgot what. Negotiations concerning continuation of pension, possibility of re-integration or termination of contract all need to be discussed in order to get everything on the table.

I believe the next step is continuing the claim from the IV.

They would need to pay the accident insurance but that is all.

If the claim was made 18 months ago, all you can do is wait. There really isn't any way in speeding that up, unless they specifically request information/documents.

Whilst the decision is still pending I would ask the company to pay the salary since the contract is still valid. The important thing is you continue to submit doctor's certificates and that there are no gaps.

You could also speak to the IV to see if whilst the decision is pending, they can pay something out in the meantime (if the employer does not (or is not obliged) to pay anything more.

They will remember, best to be prepared. Has this person met with IV? Does this person have legal or medical counsel who might be aware of their company’s policies? All the best!

Employer doesn't have to make employee redundant. Would be strange though if they didn't, so let's say they forgot.
Person is employed. Until the termination arrives and the cancelation period is over. Company will learn from that.

I'd be prepared for discussions but I would not remind the company of their mistake.

The employment contract presumably remains in force, however, assuming the employee is still unable to work the employer's duty to pay salary is limited in time and will likely have expired in the meantime (https://www.admin.ch/opc/en/classifi...dex.html#a324a).

Completely agree that it's in principle not the OPs problem.
But I agree with them that they just want to know what's the outcome - it would be terrible to be presented with a bill to back-pay. If the OP hasn't been providing a service, billing / booking hours, then that will surely come back negatively.

I understand the whole thing about staying under the radar due to the administrative error, but wouldn't like to live with the uncertainty. You are talking here about future income with a disability, and that needs to be taken control of with head out of sand.

I know, have been there.

eeemm, no I didn't. I thought about mentioning that part but decided not to.

OP is heading for a very difficult phase, hanging in the air a bit. So I change my mind and agree with you, in order not to put more pressure on himself, he should have an open talk to this employer.