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Old 09.12.2007, 12:56
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is there a law entitling mums time off to look after sick child?

Hi,
my daughter has a viral illness and cannot go to school till Thursday. Is there any law entitling me to take time off to look after her. I had been previously informed by a colleague that we were not allowed time off. Does it depend on the employer?
any advice?
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Old 09.12.2007, 14:54
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Re: is there a law entitling mums time off to look after sick child?

I'm a bit short of time, so here's just a quick answer based on a journal and a newspaper article (link/link):
  • You are legally obligated to care for your daughter.
  • You can take up to three days off for children under 15 years.
  • If you were employed for at least 3 months, the employer is obliged to pay your salary.
  • You have to present your employer a doctor's certificate.
  • Edit: And it doesn't matter if you're paid by the hour.

Last edited by Nathu; 09.12.2007 at 16:41.
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Old 09.12.2007, 15:02
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Re: is there a law entitling mums time off to look after sick child?

Nathu beat me to it - you are entitled up to 3 days per case, if you are the caretaker and you have a doctor's notice.

from http://www.bezirksgericht-zh.ch :
"Gegen Vorlage eines Arztzeugnisses ist ihnen zur Betreuung kranker Kinder die erforderliche
Zeit bis zu drei Tagen frei zu geben. Gemäss Art. 324a OR ist diese Zeit
bezahlt. Die Regelung gilt pro Fall, nicht pro Jahr."


Gute Besserung !
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Old 09.12.2007, 17:14
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Re: is there a law entitling mums time off to look after sick child?

And just to complete your information. This is paid time off, not unpaid time off which you also can of course take IN ADDITION.
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Old 09.12.2007, 20:14
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Re: is there a law entitling mums time off to look after sick child?

Hi,
thanks everyone. Have just spoken to my boss who says we are not entitled to it. Working in a private clinic which seems to have its own set of laws! She advised me to just say that I was sick to HR dept.

I have a letter from the doctor saying my daughter cannot attend school till the 13th, is that usually enough or does he have to do one specifically for me stating I would need time off to care for her?
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Old 09.12.2007, 20:44
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Re: is there a law entitling mums time off to look after sick child?



Since this now involves HR/boss diplomacy, I'll let the more experienced users take over.

My gut feeling however is that you should stay home, officially inform them about the true reason for your absence, and even if not asked provide them with a copy of the doctor's letter. Don't lie to them.

Only if patient's lifes are at stake should you start to consider working, but every reputable clinic should be organised to compensate for one worker who stays at home for three days.
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Old 09.12.2007, 21:59
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Re: is there a law entitling mums time off to look after sick child?

As others have already pointed out, your rights are secured in the law and thus, nothing that your company can deny you. However, whether you execute your rights or not is of course another issue. It depends on how strongly you feel for the issue and how easily you could find another job if you'd loose this one. Of course they can't fire you for using your rights but as no specific reason is needed to fire people in reality they could.

In my view, it really stinks what your employer is doing and I wouldn't hesitate to discretely spread the word on what lousy employer they are.


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Hi,
thanks everyone. Have just spoken to my boss who says we are not entitled to it. Working in a private clinic which seems to have its own set of laws! She advised me to just say that I was sick to HR dept.

I have a letter from the doctor saying my daughter cannot attend school till the 13th, is that usually enough or does he have to do one specifically for me stating I would need time off to care for her?
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Old 20.01.2011, 17:22
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Re: is there a law entitling mums or dads time off to look after sick child?

Hello I realise this is an old thread but it is relevant to my current situation.
I have been informed that I must 'pay back' days that I have had to look after my son, he's 4.
This is OK with me if it is the law.
I have lots of people telling me that I am entitled to take off 3 days to look after him.
I also have lots of people telling me that because I work for a private school and not a public institution none of these rights apply.

I was wondering if any of you knew.

Thanks
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Old 20.01.2011, 17:41
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Re: is there a law entitling mums time off to look after sick child?

My husband doesn't work for a public institution and he has been entitled to the three days. He's actually taken advantage of the three days leave a few time in the past year (it wasn't such a good year health wise for our family!).

I would definitely find out exactly what your legal entitlement is.

Kate
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Old 20.01.2011, 17:56
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Re: is there a law entitling mums time off to look after sick child?

3 days is the legal minimum per case.

i.e. if your son was sick for 3 days, ok for 1, then broke his leg for another 3 days, you would be entitled to take 6/7 of those days off as paid leave (doctor's notes permitting!).

More time beyond that is discretionary, i.e. you can agree something with your employer, or take holiday, or unpaid leave.

AFAIK, those three days are irrespective of private company or not. FFS, all companies are "private" in terms of not being public/government institutions.

Many such "private" companies that employ foreign staff either try to pull the wool over the eyes of vulnerable employees who don't know Swiss employment law or are just ignorant themselves. Either way it is inexcusable for an employer.

Speak to a lawyer about it for a couple of hours, get the full low-down. It could be the best 400 CHF you spend.
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Old 20.01.2011, 18:04
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Re: is there a law entitling mums time off to look after sick child?

Yes, as others have mentioned, public or private doesn't matter. The law is the same for all. 3 days per case if doctors certificate can be provided.
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Old 21.01.2011, 09:56
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Re: is there a law entitling mums time off to look after sick child?

As others have said, you're legally entitled to stay home if you're child is sick. Have a look at Arbeitsgesetz Art 36
However, you're expected to begin making viable alternative care arrangements on the first day of your child's illness, and your employer can request a doctor's note confirming the illness.

Also, fyi, and sorry it's in German:
Art. 324a Obligationenrecht
1 Wird der Arbeitnehmer aus Gründen, die in seiner Person liegen, wie Krankheit, Unfall, Erfüllung gesetzlicher Pflichten oder Ausübung eines öffentlichen Amtes, ohne sein Verschulden an der Arbeitsleistung verhindert, so hat ihm der Arbeitgeber für eine beschränkte Zeit den darauf entfallenden Lohn zu entrichten, samt einer angemessenen Vergütung für ausfallenden Naturallohn, sofern das Arbeitsverhältnis mehr als drei Monate gedauert hat oder für mehr als drei Monate eingegangen
ist.

2 Sind durch Abrede, Normalarbeitsvertrag oder Gesamtarbeitsvertrag nicht längere Zeitabschnitte bestimmt, so hat der Arbeitgeber im ersten Dienstjahr den Lohn für drei Wochen und nachher für eine angemessene längere Zeit zu entrichten, je nach der Dauer des Arbeitsverhältnisses und den besonderen Umständen.

3 Bei Schwangerschaft und Niederkunft der Arbeitnehmerin hat der Arbeitgeber den Lohn im gleichen Umfang zu entrichten.

4 Durch schriftliche Abrede, Normalarbeitsvertrag oder Gesamtarbeitsvertrag kann eine von den vorstehenden Bestimmungen abweichende Regelung getroffen werden, wenn sie für den Arbeitnehmer mindestens gleichwertig ist.


Art. 329b Obligationenrecht: Kürzung der Ferien
Art. 329b
b. Kürzung

2 Beträgt die Verhinderung insgesamt nicht mehr als einen Monat im Dienstjahr und ist sie durch Gründe, die in der Person des Arbeitnehmers liegen, wie Krankheit, Unfall, Erfüllung gesetzlicher Pflichten, Ausübung eines öffentlichen Amtes oder Jugendurlaub, ohne Verschulden des Arbeitnehmers verursacht, so dürfen die Ferien vom Arbeitgeber nicht gekürzt werden.

3 Die Ferien dürfen vom Arbeitgeber auch nicht gekürzt werden, wenn eine Arbeitnehmerin wegen Schwangerschaft und Niederkunft bis zu zwei Monate an der Arbeitsleistung verhindert ist.

4 Durch Normalarbeitsvertrag oder Gesamtarbeitsvertrag kann eine von den Absätzen 2 und 3 abweichende Regelung getroffen werden, wenn sie für den Arbeitnehmer im ganzen mindestens gleichwertig ist.
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Old 21.01.2011, 16:05
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Re: is there a law entitling mums time off to look after sick child?

Well not all hospitals or clinics are subject to the Arbeitsgesetz.In particular public hospitals may be excluded. (cf. Link)

In your case, i.e. private hospital, you will probably be subject to the Arbeitsgesetz.

Art. 36 (4) Arbeitsgesetz states:
Der Arbeitgeber hat Arbeitnehmern mit Familienpflichten gegen Vorlage eines ärztlichen Zeugnisses die zur Betreuung kranker Kinder erforderliche Zeit im Umfang bis zu drei Tagen freizugeben.

The employer shall give an employee with family duties upon presentation of doctor's note the necessary time off to take care of sick children up to three days.

However, according to Art. 27 Arbeitsgesetz certain provisions of the Arbeitsgesetz can be waived for specific institutions (in particular also clinics). This could potentially also include a waiver of Art. 36 Arbeitsgesetz.

In the Ordinance 2 to the Arbeitsgesetz, there is a waiver for clinics and hospitals for some provisions of the Arbeitsgesetz (in particular those relating to working on Sundays and nights), but as far as I could determine Art. 36 Arbeitsgesetz is not one of waived provisions. So it appears that you should be entitled to days off in order to take care of a sick child, always provided you aren't able to arrange for anybody else to take care of the child.

However, Art. 36 Arbeitsgesetz merely grants you leave. Whether or not the leave is paid or unpaid, will be up to the Code of Obligations. As somebody else already cited: Art. 324a might apply. Here the link in English. Again you are required to arrange for an alternative if possible.

Also be advised that your own work contract, collective bargaining agreement, etc. might contain additional provisions.
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Old 23.01.2011, 00:56
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Re: is there a law entitling mums time off to look after sick child?

I second Mica in that the law grantss you up to 3 days off (and actually each parent is allowed 3 days so up to 6) but it is up to the employer to decide whether or not to pay these days.

Cheers,
K
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Old 23.01.2011, 10:12
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Re: is there a law entitling mums time off to look after sick child?

We also had the situation that baby (6 m.o. at the time) was too ill to go to Kinderkrippe and Mrs nickatbasel had a training course - so I took the reins for the day. I had the laptop at home but got SFA [trans for mods and Americans: Not very much] done work-wise other than sending the boss an email that I wouldn't be in.

I claimed the day under O.R. Art.36 - there was no problem from my employer.

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Old 09.05.2017, 00:00
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Re: is there a law entitling mums time off to look after sick child?

I know that this is an old post, but just a reminder that in the french part working parents are also entitled to 3 paid sick days to care for a sick child, PER case of illness.

And does the employer have to pay you your salary for those 3 days?? YES (if you have a medical certificate for your child and only one parent stays home):
En principe, la maladie d’un tiers n’ouvre pas de droit au salaire, sauf si le travailleur doit prendre soin de ce tiers en vertu d’une obligation légale. L’article 276 du Code civil (CC) définit les obligations des parents envers l’enfant, notamment leur obligation d’entretien et celle visant à prendre les mesures nécessaires pour le protéger. Le parent qui prend soin de son enfant malade accomplit donc une obligation légale au sens de l’art. 324a CO.
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