Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 31.01.2019, 18:20
Forum Veteran
 
Join Date: Aug 2015
Location: Basel
Posts: 1,761
Groaned at 40 Times in 32 Posts
Thanked 1,036 Times in 618 Posts
Landers has an excellent reputationLanders has an excellent reputationLanders has an excellent reputationLanders has an excellent reputation
Sickness absence longer than 2 years

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?
Reply With Quote
  #2  
Old 31.01.2019, 18:36
Forum Legend
 
Join Date: Aug 2015
Location: Zurich
Posts: 4,757
Groaned at 236 Times in 139 Posts
Thanked 5,312 Times in 2,431 Posts
ZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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.
Reply With Quote
This user would like to thank ZuriRollt for this useful post:
  #3  
Old 31.01.2019, 18:45
Forum Veteran
 
Join Date: Aug 2015
Location: Basel
Posts: 1,761
Groaned at 40 Times in 32 Posts
Thanked 1,036 Times in 618 Posts
Landers has an excellent reputationLanders has an excellent reputationLanders has an excellent reputationLanders has an excellent reputation
Re: Sickness absence longer than 2 years

Quote:
View Post
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)
Reply With Quote
This user would like to thank Landers for this useful post:
  #4  
Old 31.01.2019, 18:58
Forum Legend
 
Join Date: Aug 2015
Location: Zurich
Posts: 4,757
Groaned at 236 Times in 139 Posts
Thanked 5,312 Times in 2,431 Posts
ZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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.
Reply With Quote
  #5  
Old 31.01.2019, 22:35
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 4,135
Groaned at 167 Times in 142 Posts
Thanked 6,488 Times in 2,947 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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)
They would need to pay the accident insurance but that is all.
Reply With Quote
This user would like to thank Jim2007 for this useful post:
  #6  
Old 01.02.2019, 08:12
Banned
 
Join Date: Jan 2019
Location: close to the frontier
Posts: 1,018
Groaned at 141 Times in 86 Posts
Thanked 597 Times in 379 Posts
Clocker has become a little unpopular
Re: Sickness absence longer than 2 years

Quote:
View Post
I believe the next step is continuing the claim from the IV.
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.
Reply With Quote
  #7  
Old 01.02.2019, 08:35
Senior Member
 
Join Date: May 2010
Location: Bern
Posts: 483
Groaned at 47 Times in 26 Posts
Thanked 357 Times in 161 Posts
Swisstobe has earned the respect of manySwisstobe has earned the respect of manySwisstobe has earned the respect of many
Re: Sickness absence longer than 2 years

Quote:
View Post
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?
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!
Reply With Quote
  #8  
Old 01.02.2019, 10:19
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 11,392
Groaned at 183 Times in 151 Posts
Thanked 12,761 Times in 6,684 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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?
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.
Reply With Quote
The following 2 users would like to thank curley for this useful post:
  #9  
Old 01.02.2019, 16:17
Mica's Avatar
Forum Veteran
 
Join Date: Oct 2007
Location: Zurich
Posts: 823
Groaned at 1 Time in 1 Post
Thanked 1,060 Times in 468 Posts
Mica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond repute
Re: Sickness absence longer than 2 years

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).
Reply With Quote
The following 2 users would like to thank Mica for this useful post:
  #10  
Old 01.02.2019, 17:58
Forum Legend
 
Join Date: Aug 2015
Location: Zurich
Posts: 4,757
Groaned at 236 Times in 139 Posts
Thanked 5,312 Times in 2,431 Posts
ZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond reputeZuriRollt has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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.
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.
Reply With Quote
  #11  
Old 01.02.2019, 18:33
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 11,392
Groaned at 183 Times in 151 Posts
Thanked 12,761 Times in 6,684 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: Sickness absence longer than 2 years

Quote:
View Post
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.
Reply With Quote
The following 2 users would like to thank curley for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Move took much longer than expected zooei Housing in general 4 27.07.2015 17:38
C permit - outside CH longer than 6 months ?? makeabigwish Permits/visas/government 6 26.12.2014 15:24
Keep C permit for more than 6 non-consecutive month absence mattiboy Permits/visas/government 4 11.08.2014 22:24
I need to stay longer than 3 months! drummedup Permits/visas/government 1 26.07.2009 14:38
Forum Downtime - slightly longer than expected! Lob Announcements 51 06.04.2008 22:24


All times are GMT +2. The time now is 06:23.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0