I was ill on holiday!
I was ill on holiday!
"I fell ill during my two-week holiday. I had to go and see a doctor and I couldn't get on the plane. Can I claim back these days of illness?
Mélissa, Carouge
In Switzerland, the Code of Obligations (CO) guarantees four weeks' holiday a year to employees over the age of 20 who have completed a full year's service; holiday entitlement is proportional to the length of employment during the calendar year.
The Swiss Code of Obligations (CO) does not expressly provide for the possibility of making up days of holiday during which the employee has fallen ill or had an accident. Case law has closed this loophole, holding that guaranteed holiday time can be increased by public holidays, but also by days of incapacity, i.e. illness or accident.
Thus, in the event of serious physical or psychological incapacity, such as bed rest or a proven depression, it is accepted that the employee is entitled to make up these days since the purpose of taking the holiday could not be achieved. These days are then considered to be days of illness in the sense of a non-accidental inability to work (art. 324a CO) and the employee must inform his employer as soon as possible.
On the other hand, a momentary illness or minor injury during a holiday does not entitle the employee to compensation for those days, even if it led to the cancellation of the trip or activities planned during the holiday. The decisive criterion is therefore the employee's ability to make use of the time devoted to recuperation and rest necessary to protect his or her mental and physical health.
It should be noted that the possibility of deducting days of incapacity from holidays is not without consequences for the employee's future holidays, as the provisions relating to the reduction of holidays in the event of inability to work may apply. Indeed, the employer is entitled to limit the employee's holidays in proportion to the duration of his incapacity to work if his accumulated absences during a year of service exceed two months (art. 329b CO).
It should also be noted that the right to catch up does not apply to public holidays. If an employee falls ill on a public holiday, he or she will not be able to claim it at a later date unless a collective bargaining agreement or the contract so provides.
