Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee satisfaction when operating in Switzerland. Swiss labor law, primarily governed by the Code of Obligations (CO), sets out minimum standards for various types of leave, including annual vacation, public holidays, and sick leave. While federal law provides a baseline, many aspects, particularly regarding sick pay duration and other specific leave types, are often enhanced by cantonal regulations, collective bargaining agreements (CBAs), or individual employment contracts.
Understanding these regulations is essential for employers to ensure they meet their legal obligations and manage their workforce effectively. Compliance with Swiss leave policies helps foster a positive working environment and avoids potential legal issues.
Annual Vacation Leave
Swiss law mandates minimum annual leave entitlements for employees. The duration of vacation depends on the employee's age.
- Employees aged 20 and over are entitled to a minimum of four weeks of paid vacation per year.
- Employees under the age of 20 are entitled to a minimum of five weeks of paid vacation per year.
These are minimums, and many employers, especially those bound by CBAs or operating in competitive sectors, offer more generous vacation allowances. Vacation must generally be taken in blocks, with at least one block lasting two consecutive weeks. Employers must pay employees their regular salary during vacation. Vacation entitlements accrue proportionally during the year, meaning an employee starting or leaving employment partway through the year is entitled to a pro-rata share of their annual leave.
Public Holidays and Observances
Switzerland has one federal public holiday, Swiss National Day on August 1st. All other public holidays are determined at the cantonal level, leading to significant variations across the country. Some holidays are observed in most or all cantons, while others are specific to certain regions.
Common public holidays observed in many cantons include:
Holiday | Date (Typical) | Federal/Cantonal |
---|---|---|
New Year's Day | January 1 | Cantonal |
Good Friday | Varies (Easter) | Cantonal |
Easter Monday | Varies (Easter) | Cantonal |
Ascension Day | Varies | Cantonal |
Whit Monday | Varies | Cantonal |
Swiss National Day | August 1 | Federal |
Christmas Day | December 25 | Cantonal |
St. Stephen's Day | December 26 | Cantonal |
Employees are generally entitled to time off on public holidays that fall on a workday, and they should receive their regular pay for these days. If an employee is required to work on a public holiday, they are typically entitled to compensatory time off and potentially a premium payment, depending on the contract or CBA.
Sick Leave Policies and Pay
Employees in Switzerland are entitled to paid sick leave if they are unable to work due to illness or accident. The employer's obligation to continue paying wages during sick leave is based on the employee's years of service. The duration of paid sick leave increases with the length of employment.
The Code of Obligations provides a basic framework, but cantonal scales (like the Zurich, Bern, or Basel scales) are commonly used to determine the minimum duration of paid sick leave. These scales are not legally binding federal law but represent established practice.
A common representation of sick pay entitlement based on years of service might look like this (based on typical cantonal scales):
Years of Service | Minimum Paid Sick Leave Duration |
---|---|
Up to 1 year | 3 weeks |
2 years | 1-2 months |
3 years | 2-3 months |
4 years | 3-4 months |
5 years | 4-5 months |
10 years | 6-8 months |
15 years | 8-10 months |
20 years | 10-12 months |
Note: These durations are approximate and vary depending on the specific cantonal scale or CBA applied.
Employers typically require a medical certificate (doctor's note) for absences due to illness or accident, usually starting from the third consecutive day of absence, though some employers may require it from the first day. Many employers also take out daily sickness allowance insurance (Krankentaggeldversicherung) to cover the cost of continued wage payments during longer periods of illness, often covering 80% of the salary for up to 720 or 730 days within a 900-day period, sometimes after a short waiting period (Karenzfrist).
Parental Leave
Switzerland provides statutory leave entitlements for new parents.
- Maternity Leave: Mothers are entitled to 14 weeks of paid maternity leave following the birth of a child. During this period, they receive 80% of their average prior earnings, up to a maximum daily amount, funded through the federal maternity insurance scheme (EO/MSE). Some employers or CBAs may top up the payment to 100% or offer longer leave. Mothers are prohibited from working for the first 8 weeks after birth and may not be dismissed during their pregnancy and for 16 weeks after the birth.
- Paternity Leave: Fathers are entitled to two weeks (10 working days) of paid paternity leave. This leave can be taken as a single block or in individual days within six months of the child's birth. Like maternity leave, it is funded through the EO scheme, providing 80% of average prior earnings up to a maximum daily amount.
- Adoption Leave: Since January 1, 2023, parents who adopt a child under the age of four are jointly entitled to two weeks (10 working days) of paid adoption leave. This leave can be shared between the parents and must be taken within one year of the child's placement in their household. It is also funded through the EO scheme, providing 80% of average prior earnings up to a maximum daily amount.
Other Types of Leave
Beyond the main categories, employees in Switzerland may be entitled to other types of leave, often depending on the employment contract, company policy, or applicable CBA.
- Bereavement Leave: Typically, employees are granted a few days of paid leave in the event of the death of a close family member (spouse, partner, child, parent). The exact duration can vary.
- Study Leave: Some employers or CBAs grant employees paid or unpaid leave for further education or training, especially if it is relevant to their role.
- Sabbatical Leave: Longer periods of unpaid leave (sabbaticals) may be granted at the employer's discretion, often after a certain number of years of service.
- Care Leave: Recent changes in law provide limited paid leave (up to three days per event, maximum 10 days per year) for caring for a sick family member (spouse, partner, parent, child, sibling, grandparent) or person living in the same household, provided their health is seriously impaired and they require care. There is also a longer entitlement (up to 14 weeks) for caring for a seriously ill child.
- Marriage Leave: Some contracts or CBAs grant a few days of paid leave for an employee's own marriage.
- Moving Leave: It is common practice to grant one day of paid leave for moving house.
The specifics of these 'other' leave types are highly variable and should be clearly defined in the employment contract or company handbook.