Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee satisfaction when operating in Switzerland. Swiss labor law provides clear guidelines on minimum leave requirements, ensuring employees receive adequate time off for rest, recovery, and personal matters. Understanding these regulations is essential for employers to maintain legal compliance and foster a positive working environment.
While federal law sets baseline standards, collective bargaining agreements (CBAs) and individual employment contracts can often provide more generous entitlements than the legal minimums. Employers must always adhere to the most favorable terms for the employee, whether derived from federal law, a CBA, or the employment contract.
Annual Vacation Leave
Swiss law mandates minimum paid annual leave entitlements for employees. The duration of leave depends on the employee's age.
- Minimum Entitlements:
- Employees up to and including age 20: 5 weeks per year.
- Employees over age 20: 4 weeks per year.
- These minimums apply to a full year of employment. For partial years, leave is calculated proportionally.
- Vacation must generally be taken in the year it is accrued, although carry-over may be permitted by agreement, typically for a limited period.
- Employers must grant leave primarily according to the employee's wishes, provided it does not unduly disrupt business operations.
- Payment in lieu of vacation is generally prohibited, except upon termination of employment.
- Employees are entitled to their regular salary during vacation.
Public Holidays
Switzerland has several public holidays, but the number and specific dates observed vary significantly by canton (region). Only one federal public holiday is observed nationwide: Swiss National Day on August 1st. Other holidays are determined at the cantonal level.
Commonly observed public holidays in many cantons include:
- New Year's Day (January 1st)
- Good Friday (variable date in spring)
- Easter Monday (variable date in spring)
- Ascension Day (variable date in spring)
- Whit Monday (variable date in spring)
- Christmas Day (December 25th)
- St. Stephen's Day / Boxing Day (December 26th)
Some cantons observe additional holidays such as Epiphany, Labour Day (May 1st), Corpus Christi, Assumption Day, All Saints' Day, and others. Employers must be aware of the specific public holidays applicable in the canton(s) where their employees work. Employees are generally entitled to a paid day off on these public holidays if they fall on a workday.
Sick Leave
Employees in Switzerland are entitled to paid sick leave in case of illness or accident that prevents them from working. The duration of paid sick leave depends on the length of service with the employer.
- Entitlement: Employers are legally obliged to continue paying an employee's salary for a limited period if they are unable to work due to illness or accident, provided the employment relationship has lasted for more than three months or was entered into for more than three months.
- Duration of Paid Leave: The duration of continued salary payment increases with the length of service. There is no single federal scale; various scales (like the Bern, Zurich, or Basel scales) are used as guidelines by courts in the absence of a specific agreement or CBA. For example, under the Zurich scale, paid sick leave might range from 3 weeks in the first year of service to several months after many years of service.
- Medical Certificate: Employers can request a medical certificate (doctor's note) as proof of illness, typically after three consecutive days of absence, but they may request it earlier.
- Insurance: Many employers take out daily sickness allowance insurance (Krankentaggeldversicherung) to cover the cost of continued salary payment during longer periods of illness. If such insurance is in place and meets certain criteria (e.g., covers 80% of salary for 720 or 730 days within a 900-day period), it can replace the employer's direct obligation for salary continuation after a waiting period (often 1-3 days).
Parental Leave
Switzerland provides statutory leave entitlements for new parents.
- Maternity Leave:
- Duration: 14 weeks (98 days) following the birth of the child.
- Pay: Employees are entitled to receive 80% of their average income before the birth, capped at a maximum daily amount. This is funded through the federal income compensation scheme (EO/MSE).
- Conditions: The mother must have been insured under the federal social insurance scheme (AHV) for the nine months immediately preceding the birth and have been gainfully employed for at least five months during that period.
- Protection: Mothers are protected against dismissal during pregnancy and for 16 weeks after childbirth.
- Paternity Leave:
- Duration: 2 weeks (10 working days).
- Pay: Employees are entitled to receive 80% of their average income, capped at a maximum daily amount, funded through the federal income compensation scheme (EO/VSE).
- Conditions: The father must be the legal father of the child, have been insured under AHV for the nine months preceding the child's birth, and have been gainfully employed for at least five months during that period.
- Flexibility: The leave can be taken as a single block or as individual days within six months of the child's birth.
- Adoption Leave:
- Duration: 2 weeks (10 working days).
- Pay: Similar to paternity leave, 80% of average income up to a cap, funded through EO.
- Conditions: Applies to parents who adopt a child under the age of 18. Both parents are entitled to the leave, but it is granted only once per couple and can be shared between them.
- Flexibility: Can be taken as a single block or individual days within one year of the child's placement in the home.
Other Leave Types
Swiss law and common practice recognize various other types of leave, though entitlements can vary based on employment contracts, CBAs, or company policy.
- Bereavement Leave: Typically, a short period of paid leave (e.g., 1-3 days) is granted upon the death of a close family member (spouse, partner, child, parent, sibling).
- Marriage Leave: Some employers grant 1-3 days of paid leave for an employee's own marriage.
- Moving Leave: Often, one paid day is granted for moving house.
- Care Leave: Since 2021, employees are entitled to short absences (up to 3 days per event, max 10 days per year) to care for a sick family member (children, spouse, parents, etc.) if their presence is necessary. For children, this leave is paid.
- Study Leave / Sabbatical: There is no general legal entitlement to paid or unpaid study leave or sabbaticals. These are typically granted at the employer's discretion or based on specific contractual agreements or CBAs.
- Jury Duty / Public Office: Employees are generally entitled to time off for mandatory public duties like jury service, though whether this leave is paid depends on the contract or CBA.
