Many parents and employers have been there: the child is sick, the grandparents aren’t an option, and the daycare center won’t accept sick children.
So what now? Does the employer have to grant the parents time off and possibly even pay their wages for the days they miss?
There are many answers online, but almost none provide specific legal details, and many leave room for interpretation. As Switzerland’s leading payroll service provider with over 30 years of experience in labor law, payroll+ aims to clear up common misconceptions regarding continued pay when a child is sick and outline the legal basis here:
Regulation of Working Hours, Labor Law, Art. 36, para. 3
“Upon presentation of a doctor’s note, an employer must grant employees with family responsibilities up to three days of leave to care for sick children.”
The guidelines provide the following additional information on this topic:
Paragraph 3 governs the care of sick children. If they require more intensive care than usual, or if this makes the presence of an employee with family responsibilities particularly desirable, the employee is entitled to the time off necessary to provide such care.This entitlement takes into account the fact that it is difficult for single parents and working individuals to arrange care for a sick child on short notice. However, the entitlement is limited to a maximum of three days per instance of illness. This refers to three workdays. The child’s illness must be documented by a doctor’s note. Compensation for these days off is not covered by the Labor Code but must be regulated in the employment contract.
However, the Labor Code does not yet address continued pay in this context; it merely stipulates that the employer must make the time available to employees.
Provisions on continued payment of wages, Swiss Code of Obligations (OR) Art. 324a, para. 1
“If an employee is prevented from performing work through no fault of his own for reasons attributable to him personally, such as illness, accident, fulfillment of legal obligations, or the exercise of a public office, the employer must pay the employee the corresponding wages for a limited period, together with reasonable compensation for lost wages in kind, provided that the employment relationship has lasted more than three months or was entered into for a term of more than three months.”
People often mistakenly equate the illness of their own child with that of an employee, but this is not the case. Caring for a sick child constitutes the fulfillment of legal obligations under the Swiss Civil Code (ZGB).
Compliance with Legal Obligations: Swiss Civil Code, Art. 276
Par. 1 Support is provided through care, upbringing, and financial contributions.
Par. 2 The parents shall jointly ensure, each to the best of their ability, the proper support of the child and shall, in particular, bear the costs of care, upbringing, education, and child protection measures.
Par. 3 Parents are exempt from the obligation to provide support to the extent that the child can reasonably be expected to cover the costs of support from his or her earnings or other means.
Summary:
- Pursuant to Art. 324a, para. 1, the employer’s obligation to continue paying wages applies for a limited period of time in order to fulfill legal obligations.
- Article 36, paragraph 3, of the Labor Code establishes an entitlement to 3 days per instance of illness, upon presentation of a doctor’s note confirming the child’s illness.
- Since this does not constitute an illness on the part of the employee and is classified as the fulfillment of legal obligations (Swiss Civil Code, Art. 276), continued payment of wages on the grounds of illness cannot be claimed.
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