Sick Notes in Switzerland: When You Need a Doctor's Certificate
Swiss law does not set a specific day from which a medical certificate is required. In practice, many employment contracts require one from around the third day of absence β but your employer may set a stricter rule in your contract.
1. Short answer
Swiss law does not specify a day from which a medical certificate (Arztzeugnis / certificat mΓ©dical) is required. The requirement depends on:
- Your employment contract β many contracts require a certificate from the third day of absence
- Your employer's internal rules or company policy β some require it from day 1
- A collective labour agreement (GAV / CCT) covering your sector, if applicable
Check your employment contract first β that is the authoritative source for your situation.
2. What Swiss law says
The Swiss Code of Obligations (Obligationenrecht, OR) governs employment relationships. Art. 324a OR provides that employees are entitled to salary continuation when incapacitated by illness through no fault of their own β but it does not specify when a doctor's certificate must be obtained.
The right to require a medical certificate exists; the timing is left to the employment contract and the employer's rules. There is no general statutory provision saying "from day 3" β that is a widespread practice, not a legal rule.
3. Common practice
In Swiss employment in practice:
- Many employment contracts and company rules require a doctor's certificate from around the third day of absence (e.g. if absent MondayβWednesday, provide a certificate from Wednesday)
- Some employers β particularly in sectors with high absence rates or in specific roles β require a certificate from day 1; this is allowed if written into the contract or rules
- Some employers are more flexible and do not require a certificate for short absences of a day or two, unless absence becomes a pattern
- Collective labour agreements (GAV/CCT) for certain industries may set specific rules that override the individual employment contract
If your contract does not address this explicitly, the general Swiss employment law standard applies β but given the ambiguity, it is safest to obtain a certificate from day 3 at the latest unless you have confirmed otherwise with your employer.
4. Salary continuation during illness
Under Art. 324a OR, your employer must continue paying your salary for a "reasonably short time" during illness. The exact duration depends on your years of service. Swiss courts use three reference scales (Berne, Basel, Zurich); the Zurich scale is the most common reference in practice:
- Year 1 of service: 3 weeks of continued pay
- Years 2β3: 1 month
- Years 4β5: 2 months
- Longer service periods: progressively more weeks
Many employers supplement this statutory minimum through Krankentaggeld insurance (daily sickness allowance insurance), which typically pays 80% of salary for up to 720 or 730 days. Check your employment contract or HR to see if this applies β it is common but not legally mandated for all employers.
Source: ch.ch β Sickness and work
5. Practical tips
- Read your employment contract β it will state from which day a certificate is required
- When in doubt, get a certificate from your doctor. Swiss doctors (Hausarzt / mΓ©decin gΓ©nΓ©raliste) can issue a certificate for any day, including retroactively for the same day you visit
- Most Krankenkassen (health insurers) require a doctor's referral or certificate for extended claims β keep records
- If you are unsure about your rights, ch.ch and the cantonal labour inspectorate are authoritative sources; for complex disputes, the cantonal conciliation authority (SchlichtungsbehΓΆrde) handles employment disputes without needing a lawyer