Do I keep getting paid if I'm ill in Switzerland?
Yes — but only for a limited time. Under OR 324a, the employer continues to pay your salary if you're unfit for work through no fault (illness, accident, pregnancy) and the employment has lasted more than 3 months or was entered into for longer. In the first year of service it's at least 3 weeks at 100% salary, then "appropriately longer". Courts use scales (Bern, Basel, Zürich scale): e.g. year 2 = 8 weeks, year 3 = 9 weeks, then about 1 week more per year. Often the continued pay is replaced by a daily sickness-benefit insurance (usually 80% for 720 days) if at least equivalent. In short: yes, time-limited — and in many firms via daily sickness benefit.
📋 The rules
- Continued pay from over 3 months of service (OR 324a)
- Year 1: at least 3 weeks at 100% salary
- Then longer by the Zürich/Bern/Basel scale
- Scale is court practice; a CLA/contract can give more
- Replaced by daily sickness benefit (usually 80%, 720 days)
🔓 Exceptions
- Employment under 3 months: no claim under OR 324a
- Daily benefit only valid if at least equivalent (in writing)
- Waiting days on the daily benefit are usually bridged
⚠️ Penalties & fines
This isn't about fines, but if the employer doesn't pay the continued salary owed, you can enforce the claim under civil law. A daily sickness-benefit solution may replace the statutory continued pay only if agreed in writing and at least equivalent (the employer pays at least half the premiums). Beware a myth: "I get unlimited full pay when ill" is false — without insurance, continued pay is time-limited by the scale. Tip: check your contract and any daily sickness benefit, and report incapacity early with a medical certificate.
📎 Official sources
❓ Frequently asked
Do I keep getting paid when ill?
Yes, for a limited time. If you're unfit for work through no fault and the employment has lasted more than three months, the employer continues to pay your salary. In the first year it's at least three weeks at full pay, then appropriately longer under one of the court scales.
What is the Zürich scale?
The Zürich scale is a table used by the courts that sets how many weeks of continued pay are owed per year of service. Illustratively it's eight weeks in the second year, nine in the third, then about one week more per year. It's court practice, not statute.
What is daily sickness benefit?
Daily sickness benefit is an insurance that usually pays 80 percent of salary when ill, for up to 720 days. It can replace the statutory continued pay if agreed in writing and at least equivalent, and the employer covers at least half the premiums for the cover.
Does this apply in the first three months?
No. The statutory continued pay under OR 324a only applies once the employment has lasted more than three months or was entered into for more than three months. In the first weeks of a shorter engagement there's no claim without a special agreement in the contract.
Do I need a medical certificate?
Usually yes, especially for a longer absence. Many employers require a medical certificate from the third day of illness, some earlier. Report incapacity early and submit the certificate, so the continued pay or daily sickness benefit runs smoothly without interruption.
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