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Old 31.03.2020, 15:11
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Sick during previously extended notice period

Hello everyone,

I am hoping to get help with a very specific situation:

I have worked for the same company for 4 years and was laid off with 3 months notice period from Dec to Feb. I was sick for 10 days from a very bad flu in january that extended my notice to March. Got sick again in march with a week at the hospital and another week to recover home.

Does the notice period gets extended for sickness during the "extended" notice period? or is the extension only applicable for illness during the original notice period?

Would be greatfull for any reference law you may have on this topic.
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Old 31.03.2020, 16:41
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Re: Sick during previously extended notice period

These are relevant paragraphs from the below link and could be useful:

"Blocking periods
Article 336c para. 1b of the Swiss Code of Obligations (SCO) stipulates blocking periods that represent a limitation of notice period freedom. The purpose of this Article is to protect the employee from the loss of work at a time when he or she has barely a chance of finding work and would not be employed by a new employer due to their illness or accident.
However, this protection only enters into force following expiry of the probation period and amounts to 30 days in the first year, 90 days from the 2nd to 5th year, and 180 days from the 6th year. The decisive factor is that the employee is not "merely" ill, but is also incapable of working ; in other words, incapable of carrying out the contractually due work.
When the incapacity for work ends, so does the blocking period, even if it has not yet expired under the law.

Notice of termination during illness
Notice of termination given during a period of incapacity for work is null and void and must be reissued following the end of the period of incapacity for work. In contrast, notice of termination may be issued during incapacity for work in the probation period.

Repeatedly ill
If you are sick on multiple occasions during the period of notice, what matters is whether you are sick for the same reason. If you break a leg and catch influenza at a later time, the blocking periods are cumulated. However, this does not apply if the second period of incapacity for work occurs in the extended period according to Art. 336c para. 3 SCO.
Neither a relapse nor the consequences of your illness trigger a new blocking period. However, in the event of a relapse, you are permitted to use up the remainder of the blocking period that you have not yet fully exhausted."

https://axa.ch/en/privatkunden/blog/...d-illness.html
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Old 01.04.2020, 00:16
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Re: Sick during previously extended notice period

Quote:
View Post
These are relevant paragraphs from the below link and could be useful:

"Blocking periods
Article 336c para. 1b of the Swiss Code of Obligations (SCO) stipulates blocking periods that represent a limitation of notice period freedom. The purpose of this Article is to protect the employee from the loss of work at a time when he or she has barely a chance of finding work and would not be employed by a new employer due to their illness or accident.
However, this protection only enters into force following expiry of the probation period and amounts to 30 days in the first year, 90 days from the 2nd to 5th year, and 180 days from the 6th year. The decisive factor is that the employee is not "merely" ill, but is also incapable of working ; in other words, incapable of carrying out the contractually due work.
When the incapacity for work ends, so does the blocking period, even if it has not yet expired under the law.

Notice of termination during illness
Notice of termination given during a period of incapacity for work is null and void and must be reissued following the end of the period of incapacity for work. In contrast, notice of termination may be issued during incapacity for work in the probation period.

Repeatedly ill
If you are sick on multiple occasions during the period of notice, what matters is whether you are sick for the same reason. If you break a leg and catch influenza at a later time, the blocking periods are cumulated. However, this does not apply if the second period of incapacity for work occurs in the extended period according to Art. 336c para. 3 SCO.
Neither a relapse nor the consequences of your illness trigger a new blocking period. However, in the event of a relapse, you are permitted to use up the remainder of the blocking period that you have not yet fully exhausted."

https://axa.ch/en/privatkunden/blog/...d-illness.html
Thank you for your response and reference material. From what I read there is no applicable extension here.
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Old 17.10.2020, 19:09
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Re: Sick during previously extended notice period

Hi this is a useful thread and I have searched

I still donít understand what this means however. Does it mean the notice period is extended for only one mo th or is it extended for two months.

If you get notice in September and get sick for ten days on Oct and then get sick in nov for ten days how does this work exactly
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Old 18.10.2020, 18:35
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Re: Sick during previously extended notice period

The first sickness etends the contract by one month. The second sickness isn't enough to fill up that first month completely and "nibble" at the 2nd month, so it has no effect on the end date.
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