Employment
The Bern scale: sick pay and salary continuation in Switzerland
How long must an employer continue paying an employee who is ill? In Switzerland, the answer depends on the employment terms, length of service and insurance cover. The Bern scale is one part of that assessment.
By Romain Prieur · Swiss certified accountant
At a glance
Key takeaways
- The Bern scale measures salary-continuation entitlement, not dismissal protection.
- Under the statutory regime, full salary is generally payable for a limited period.
- Check the applicable regime, current service year and entitlement already used before calculating pay.
When does the Bern scale apply?
The Bern scale, or échelle bernoise, helps apply Article 324a of the Swiss Code of Obligations (CO) where an employee cannot work for personal reasons through no fault of their own, including illness, and no valid equivalent arrangement replaces the statutory salary obligation.
This article concerns private-law employment. A collective agreement, standard employment contract or public-sector employment regime may impose different or more favourable rules.
The statutory entitlement requires employment to have lasted more than three months or to have been entered into for more than three months. Read the termination provisions, particularly at the start of employment. A one-year fixed-term contract is not necessarily treated like a contract that can end during its first three months. Neither “no sick pay during probation” nor “every permanent employee is covered from day one” is a reliable general rule.
The law provides three weeks in the first service year, then a longer equitable period. Courts developed reference scales to interpret that obligation. The Bern scale is commonly used in French-speaking Switzerland; Basel and Zurich practices also exist. Employers cannot simply choose the cheapest scale. It is not an insurance fund to which they contribute.
Bern scale sick-pay table
| Current year of service | Usual salary-continuation period |
|---|---|
| 1st year | 3 weeks, subject to the eligibility conditions |
| 2nd year | 1 month |
| 3rd and 4th years | 2 months |
| 5th to 9th years | 3 months |
| 10th to 14th years | 4 months |
| 15th to 19th years | 5 months |
| 20th to 24th years | 6 months |
| Later years | Further progression according to service and applicable practice |
This is a reference for Article 324a CO, not a replacement for a valid, more favourable contractual or collective arrangement.
A service year is not necessarily a calendar year
It runs from the employment start date and renews on its anniversary. Someone who joined on 1 September 2022 is in their fifth service year from 1 September 2026 to 31 August 2027. A January-to-December tracker would use the wrong period.
One entitlement per service year, not per illness
Absences drawing on the same legal entitlement are added together. A new illness does not automatically restart the allowance. A new service year can create a new statutory entitlement, but an insurance policy may use a different reference period, such as 900 days.
Worked example: a second absence in the same year
An employee is in her fourth service year and covered by Article 324a and the Bern scale, without an equivalent replacement insurance arrangement. Her salary-continuation entitlement is two months for that service year.
She already used two weeks during an earlier illness. A second absence does not create another full two months: the previous period must be taken into account.
Use the actual dates and appropriate calculation method. Two months cannot automatically be converted into eight weeks, because months do not all contain four weeks.
For partial incapacity, track both the remaining work capacity and the entitlement consumed in salary-equivalent terms. A 50% absence does not automatically consume a full day of entitlement for each calendar day.
Keep the contract, start date, medical certificates, earlier absences and payroll calculations together so both employer and employee can understand the result.
How daily sickness-benefit insurance changes the position
Collective daily sickness-benefit insurance can replace the statutory salary arrangement if the agreed system is at least equivalent and meets the applicable requirements. A contract merely mentioning “health insurance” is insufficient; review the actual cover.
| Statutory regime without equivalent replacement | Equivalent insurance arrangement |
|---|---|
| Generally 100% salary for a limited period | Insured percentage, often 80% |
| Duration based on service year | Duration and reference period defined by the policy |
| Employer bears the salary cost directly | Premiums, waiting period and insurer coordination |
| No insurer claim funds the statutory allowance | Claim notification and supporting evidence required |
Cover for 80% over 720 or 730 days in 900 days is common. Equivalence also depends on employer funding and coverage terms; it is not just a comparison of percentages.
The insurer’s waiting period is not automatically unpaid leave
A policy that starts paying after 30 days does not itself permit 30 days without income. The employment arrangement must address pay during that period consistently with the applicable rules.
Check exclusions, the definition of incapacity, insured salary, notification deadlines and continued benefits after employment ends. Personal compulsory medical insurance under LAMal is not salary-replacement insurance.
Distinguish insurance benefits received from wages paid directly by the employer: their social-insurance contribution treatment differs. See also business insurance in Switzerland.
Sick pay and protection from dismissal are separate
After probation, Article 336c CO provides protection against employer notice during specified periods of incapacity through no fault of the employee:
| Length of service | Maximum protected period for illness or accident |
|---|---|
| 1st service year | 30 days |
| 2nd to 5th years | 90 days |
| From the 6th year | 180 days |
These are not Bern-scale payment periods. Salary entitlement may be exhausted while protection continues, or the reverse.
Employer notice given during a protected period may be void. If incapacity starts after notice was given, the notice period may be suspended. Resignation, the scheduled end of a fixed-term contract and termination during probation are not treated in the same way.
Illness through no fault of the employee is not, by itself, good cause for immediate dismissal. Reconstruct dates and facts before acting; a disputed termination requires appropriate employment-law advice.
Practical checklist for managing sickness absence
- Record the absence: expected duration, degree of incapacity and notification from the employee.
- Identify the regime: contract, collective agreement, service year, statutory balance and insurance terms.
- Obtain the certificate when required: an employer may generally request one from day one, subject to the agreed framework. It need not disclose the diagnosis.
- Notify the insurer on time: do not wait for an absence to become lengthy.
- Track updates: extensions, partial returns and benefit payments received.
- Explain payroll: show the percentage paid and basis of calculation.
- Plan any phased return: translate medical capacity into a schedule compatible with the certificate and role.
“50% capacity” does not necessarily mean four hours every morning. Any medical verification must respect confidentiality and proportionality. A medical examiner may clarify work capacity without disclosing the diagnosis.
Align the sickness rules with employment contracts before a claim arises. The first-employee checklist helps prepare these arrangements.
Keep sickness absence records separate from maternity leave and benefits, which follow their own rules.
Frequently asked questions
Does the Bern scale always pay 80% of salary?
No. The statutory regime generally provides full salary for a limited period. The 80% figure commonly relates to equivalent daily sickness-benefit insurance.
Are three weeks in the first service year unconditional?
No. Check the duration conditions in Article 324a CO and the contract, including probation and termination arrangements.
Does a new illness restart the entitlement?
Not automatically. Relevant absences are added together within the service year. Insurance may also use a separate benefit counter.
Can an employer ask for the diagnosis?
The employer needs information about incapacity and its duration, not the diagnosis. Medical confidentiality and proportionality also apply to a justified medical review.
What happens when statutory sick pay runs out?
Check insurance and any more favourable contractual rights. Exhausting sick pay does not automatically end employment or all protection from dismissal.
Sources and further reading
About the author
Romain Prieur
Romain is a Swiss certified accountant, entrepreneur and partner at Karpeo in Geneva. He supports business owners with company formation, accounting and taxation. He is also a co-founder of Entreprendre.ch.
Keep sickness absence and payroll consistent
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