Under what circumstances can a Swiss business legitimately request an employee's medical documentation?
Doin' the Swiss Shuffle: Time Off and Illness
Swiss labor law gives you a bit of wiggle room when it comes to missing work, beyond the statuary annual vacation leave of four weeks. Moreover, you can request paid time off for urgent reasons, as outlined in this article:
You got the day? steps for taking a day off in Switzerland.
But what if you're struck down by illness? Well, buckle up, because we've got the lowdown on how to navigate sick days in the land of cheese and chocolate.
At some point, you'll need to produce a medical certificate to prove you're too unwell to work. The law doesn't specify when this doc should be handed over, leaving it up to your employer. Most companies ask for it after an absence of three or four days, but some may want it from day one.
And guess what? You won't be left hanging. This detail is usually spelled out in your employment contract or the collective labor agreement, if your company has one. You're obligated to provide this baby within the timeframe established; otherwise, the employer is under no obligation to continue paying your salary.
What's on that slip of paper?
Whether sent electronically or in hard copy, your medical certificate should include the date of consultation, reasons for your visit, any tests performed (if any), the diagnosis (if applicable), and the duration of your absence from work. It should also be dated and signed. Most doctor's offices have form letters for this purpose, which can be filled in with the relevant details.
I feel like a hot potato!
If you can't make it into the doctor's office, ask if they make house calls (it's becoming increasingly rare, especially in cities, but some physicians still provide this service to their regular patients). If that's not possible, then perhaps a phone or video consultation can be arranged, though it's not as effective as a good ol' fashioned in-person exam.
Can I be fired while I'm sick?
If you don't provide a medical certificate within the timeframe requested by the employer—translation: there's no proof of your incapacity to work due to illness—you could be canned. But even if you do submit the doc, it's not a guarantee your job will be waiting for you when you recover. You're protected from dismissal only for a limited period of time, depending on how long you've been employed at a company.
Your boss needs to keep you on for:
- 30 days in the first year of work
- 90 days from the second to the fifth year of work
- 180 days from the sixth year of work
The only exception to this rule is if you become ill during the trial or probation period—usually between one or three months after starting a new gig. In that case, your employer has the right to terminate your contract.
Dealing with Delays
In Switzerland, medical certificate requirements and consequences for non-compliance are structured as follows:
Medical Certificate Requirements
- For short-term absence (first three days): You can self-certify illness without a doctor's note[5].
- For more than three days: A medical certificate is required, starting from the fourth day of absence[5]. The certificate must specify the diagnosis (if applicable), prognosis, and duration of incapacity, adhering to both employer and legal requirements[1][3].
- Early certification: While the three-day rule is standard, employers may request a certificate earlier, depending on internal policies or contract terms[5].
Consequences of Non-Compliance
- Termination risk: Failure to provide timely, complete information about incapacity—including the required medical certificate when applicable—can justify termination without notice under Swiss labor law[1].
- Loss of salary/payments: Employers may withhold salary or benefits during undocumented illness periods.
- Legal disputes: Non-compliance with documentation requirements can lead to litigation, particularly if the absence disrupts operations or raises doubts about legitimacy[1].
Key Legal Precedent
The Swiss Federal Court recently reaffirmed the obligation for employees to fully and continuously inform employers about their health status during absences, emphasizing that procedural failures (e.g., delayed certificates) can have severe consequences[1].
For posted workers in Switzerland under EU/EEA regulations, local Swiss rules generally apply unless superseded by cross-border agreements requiring adherence to home-country certification standards[3].
- Swiss labor law enables employees to take paid time off for emergencies, but in cases of illness, a medical certificate is required after an absence of three or four days.
- The medical certificate should contain details such as the date of consultation, reasons for the visit, any tests performed, diagnosis, duration of absence, and be dated and signed.
- If an employee cannot visit a doctor's office, they can opt for a house call, phone consultation, or video consultation, but an in-person exam is more effective.
- If an employee doesn't provide a medical certificate within the timeframe requested by the employer, they could potentially be dismissed. However, the employer must keep the employee on for specific periods depending on their tenure.
- In Switzerland, for medical certificate-related requirements and consequences of non-compliance, employers may allow self-certification for short-term absences, and timely, complete information about incapacity is essential to avoid termination without notice or loss of salary.
