Illness, accident and holidays: how to deal with the unexpected?

As we head into the summer months, it’s time to talk holidays! These precious moments of relaxation are meant for rest and relaxation, but they can go wrong.
What should you do if one of your employees falls ill or has an accident while on holiday? Does it make a difference if they’re abroad? What are the employer’s rights and obligations in such a situation?
To provide you with the best possible information, we have put together a guide to the most important points:

What are the rules on sickness/accidents during holidays?
The law is clear: holidays must allow employees to rest (in accordance with 329 ff of the Swiss Code of Obligations). If an employee falls ill (or is injured in an accident) to such an extent that they are unable to enjoy their holiday, they can reclaim these lost days of leave. This generally excludes incapacity of less than 3 days or incapacity not exceeding 30% of the planned rest period. It is therefore important to distinguish between incapacity to work and incapacity to take holidays.

Here are a few key points to bear in mind:

1. Medical evidence: The employee must provide a medical certificate attesting to his/her inability to enjoy his/her holiday. This certificate must clearly state that the state of health prevents the necessary rest.
2. Immediate Notification: The employee must inform his/her employer as soon as possible of his/her inability to take a holiday and forward the medical certificate without delay.
3. Validity of the foreign certificate: Medical certificates issued abroad have the same evidential value as those issued in Switzerland, provided that they clearly attest to the inability to take a holiday (and subject to the employee’s own insurance conditions). It is crucial to ensure that the certificate specifies this incapacity and not just the inability to work.

What should employers look out for?
To avoid disputes and ensure that leave is managed smoothly, here are a few recommendations for employers:

1. Appropriate justification :
   o Ensure that medical certificates provide sufficient details of the inability to take holiday and do not simply state an inability to work.
   o Ensure that foreign medical certificates are translated where necessary, so that diagnoses and recommendations are clearly understood. They should be provided in a language that the employer can understand.
   o If in doubt, seek the advice of a medical consultant at your own expense.
2. Inform quickly and correctly:
   o Encourage your employees to inform you as soon as possible in the event of illness or accident during their holidays. Prompt communication facilitates the management and validation of deferred leave, as well as good coordination with insurance companies.
   o Ensure that absences (i.e. working time) are properly recorded or corrected.
3. Flexibility and dialogue:
   o Each case must be assessed individually to determine the legitimacy of the request to recover holiday days, also in relation to insurance contracts.
   o If an employee wishes to make up unused leave, discuss together the best period for the company and for the employee.

Why delegate management?
Understanding and correctly applying the rules concerning the recovery of lost holiday days in the event of illness (or accident) helps to maintain a fair and respectful working environment. Trust ekspert to manage these situations with rigour, precision and responsiveness, and concentrate on what really matters: the success of your company!

We can help you with all the administrative aspects of personnel management. We ensure that every situation is handled in accordance with the law, protecting both your interests and those of your employees.

For more information, contact us today to find out more about our dedicated personnel management services!