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Old 21.04.2020, 16:19
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Sick when on holidays

Hello,

Does anyone know if you get sick during holidays, can you take these days back ?¨

Also, what's the general rule in CH for sick leave. Usually how many days are paid by companies if you are sick.

Thanks,
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Old 21.04.2020, 16:57
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Re: Sick when on holidays

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Hello,

Does anyone know if you get sick during holidays, can you take these days back ?¨

Also, what's the general rule in CH for sick leave. Usually how many days are paid by companies if you are sick.

Thanks,
That's a good question. Never thought of that. Principally, it should be taken into account as sick leave. Ofcourse, it can be confirmed with your HR.

The minimum sick leave as per swiss law is 3 weeks but employers may go further. In my case, I have a sick leave up to (operative word ) 2 years, of-course, with monthly medical certificate to be submitted to HR
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Old 21.04.2020, 17:00
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Re: Sick when on holidays

AFAIK: Number of sick days should be specified in your job contract and probably depends on length of service. Yes you can claim back days on holiday if you were sick - may require a doctors certificate and obviously this is open to abuse so employer may start asking questions.
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Old 21.04.2020, 17:52
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Re: Sick when on holidays

I really annoyed a manager by claiming sick when I was on vacation. I was really quite ill though and had a doctors note to back it up.

How long you can be sick depends on your employer. With one, I had nearly 6 months on sick. With another, I got a minimum pay.

BTw - most of the time I'm healthy. honest!
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Old 21.04.2020, 20:39
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Re: Sick when on holidays

I don't know what's in the law but I imagine your work contract and/or employee handbook has some of it spelled out. If you've got the sniffles maybe they won't let you play it as sick leave but if you have a heart attack and are in hospital that would be different.

I had an accident shortly after going on holiday last year. My vacation time had already been approved and deducted from the balance. I had medical certificates from where it happened and from the Swiss doctors upon return here. My employer didn't count the other country's certificate but counted the Swiss one and credited that time back. I lost 3 days and I didn't have the will to fight it.
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Old 22.04.2020, 00:52
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Re: Sick when on holidays

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I don't know what's in the law but I imagine your work contract and/or employee handbook has some of it spelled out. If you've got the sniffles maybe they won't let you play it as sick leave but if you have a heart attack and are in hospital that would be different.

I had an accident shortly after going on holiday last year. My vacation time had already been approved and deducted from the balance. I had medical certificates from where it happened and from the Swiss doctors upon return here. My employer didn't count the other country's certificate but counted the Swiss one and credited that time back. I lost 3 days and I didn't have the will to fight it.
Your employers action make no sense. Presumably the Swiss doc merely confirmed the condition and the veracity of the foreign doc's documents, assuming the Swiss doc didn't dispute/correct them.

If you fall ill or have an accident during your holidays, domestically or abroad, and can prove it, you're no longer on holidays until you're healthy again. Accident and illness stop your using holiday days. The details, including maximum duration of pay, are the same as if you had been working as usual.
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Old 22.04.2020, 08:48
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Re: Sick when on holidays

I have been told by several employers that it is actually Swiss law that you can get this time back if you have a doctors note. I don't have access to this in the actual written law, but apparently it is true.

I recently had the flu and had booked during my sick time a Friday off...with my doctor's note, I was able to get this day back into my holiday time. My HR team was actually the one to remind me of this and it was very much appreciated.
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Old 22.04.2020, 13:10
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Re: Sick when on holidays

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Your employers action make no sense. Presumably the Swiss doc merely confirmed the condition and the veracity of the foreign doc's documents, assuming the Swiss doc didn't dispute/correct them.

If you fall ill or have an accident during your holidays, domestically or abroad, and can prove it, you're no longer on holidays until you're healthy again. Accident and illness stop your using holiday days. The details, including maximum duration of pay, are the same as if you had been working as usual.
I thought maybe the fact the dates overlapped confused them. The Canadian doc wrote his note for 2 weeks, to give me time to repatriate and get surgery scheduled. I arrived home 3 days after the accident. The Swiss doc wrote for the day I arrived in CH and the following several weeks. I suppose it's worth an email to HR to ask about the logic behind why the first 3 days didn't count.

Sorry to OP for hijacking your thread. Did you get the answer to your question?
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Old 22.04.2020, 20:55
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Re: Sick when on holidays

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I thought maybe the fact the dates overlapped confused them. The Canadian doc wrote his note for 2 weeks, to give me time to repatriate and get surgery scheduled. I arrived home 3 days after the accident. The Swiss doc wrote for the day I arrived in CH and the following several weeks. I suppose it's worth an email to HR to ask about the logic behind why the first 3 days didn't count.

Sorry to OP for hijacking your thread. Did you get the answer to your question?
Maybe the Swiss doc attested what s/he saw and diagnosed. Insurance and employer can't see the diagnose, just that you're unable to work from <swissDate> until <laterDate>. Apparently you need to explicitly request confirmation for the paper you got in Canada and that you were unable to work from <accidentDate>.
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Old 23.04.2020, 11:52
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Re: Sick when on holidays

Here is a comprehensive article on being ill while on holiday:
https://www.arbeitsrecht-aktuell.ch/...in-den-ferien/

Not every illness or accident allows you to retake your holidays. If you sprain your ankle that is not enough to keep you from relaxing from home. If, however, you have to stay in a hospital then you can retake your holidays.

As to the number of "paid sick days" this depends on which Canton you live in, your individual employment contract, what type of sick day insurance (Krankentag-Versicherung) your employer has.

Employment contract law (https://www.admin.ch/opc/en/classifi...dex.html#a324a) only requires payment for an "appropriate time", which is not further defined beyond the first year of employment (in which it is 3 weeks). The courts in various Cantons have adopted different "scales" for sick pay obligations (Berner Skala, Basler Skala, Zürcher Skala): https://www.koordination.ch/de/onlin...flicht/#c48689

The individual employment contract can provide for longer payment periods and if your employer has a Krankentaggeld-Insurance this can cover payments of up to 720 days (depending on the terms of the insurance and option chosen by the employer.
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Old 24.04.2020, 12:32
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Re: Sick when on holidays

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Not every illness or accident allows you to retake your holidays. If you sprain your ankle that is not enough to keep you from relaxing from home. If, however, you have to stay in a hospital then you can retake your holidays.
The issue with 3Wishes is that the accident did end the holidays-count after she got back but not while still abroad. If anything it should be the other way round, a sprained ankle (good example, thx) may have different consequences on a sightseeing tour vs while you enjoy your time on the balcony, but at any rate the consequences at home are very unlikely to be more severe than while still abroad.
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Old 07.05.2020, 10:38
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Sick Leave and Holidays

Good morning,
I hope you are all fine!

Quick question: if you happen to be ill before a holiday, and the doctor gives you a sick note of x amount of days, will the holidays days be "lost" or you will get them back?

Thank you
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Old 07.05.2020, 14:13
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Re: Sick Leave and Holidays

This was recently answered on here. But yes, you can. Contact your HR department and/or your manager if you were out sick during your holiday period and have a doctor's note.
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Old 07.05.2020, 17:24
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Re: Sick Leave and Holidays

do you mean public holidays or vacation days? for vacation days - you could talk to your manager/HR - but do not think that you could recover public holidays if these happen to overlap with you sick days
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