Am I entitled to sick leave if I've been made redundant?

Am I entitled to sick leave if I've been made redundant?

I was made redundant on 30 April this year from the company where I'd worked for 5 and a half years, following part-time sick leave. I'm now suffering from another illness. Can I go off sick during my two-month leave period?

A., Geneva

When an employee is totally or partially unable to perform his or her duties through no fault of his or her own, the law provides protection against dismissal for a period of 30 days during the first year of service, 90 days from the second to the fifth year and 180 days after the fifth year. A further period of protection is granted if the employee is again incapacitated for a reason unrelated to the first incapacity, as in your case. On the other hand, a relapse, i.e. an incapacity linked to the first incapacity for work, does not trigger a new protection period.

Employers wishing to dismiss employees who are ill or injured must wait until the end of their protection period and observe the statutory notice period of one month during the first year of service, two months from the second to the ninth year and three months thereafter, subject to a longer contractual notice period. Dismissal takes effect at the end of the month.

It should be emphasised that dismissal at the wrong time has no effect, as is clearly stated in art. 336c of the Swiss Code of Obligations. On the other hand, if a new period of protection arises during the notice period of a validly given dismissal, the effects of the latter will simply be suspended for the duration of the illness or accident. This does not mean, however, that the employer will be obliged to pay the salary until the actual end of the contract, as salary is only legally due for three weeks during the first year of service. For older employees, there are tables governing the duration of salary entitlement, which can be up to four months in the case of an employment relationship of ten years or more, subject always to more favourable contractual provisions or agreements. It should be pointed out that companies frequently take out daily allowance insurance policies which may, if necessary, cover the payment of salary or part thereof over a longer period.