Ordinance on Compensation for Loss of Earnings in the Event of Illness and Non-Occupational Accidents of the Staff of the State of Valais (OIPG) - Purpose (VEEA)

1. This regulation defines and implements the system of loss of earnings insurance in cases of inability to work due to illness or non-occupational accident for the benefit of the employees of the State of Valais, governed by the Law on the Personnel of the State of Valais (kGPers), including teaching staff governed by the Law on the Personnel of Compulsory Schooling and General Secondary and Vocational Schools (GPOS), the judicial authorities, and representatives of the public prosecutor's office governed by the law concerning the salaries of the judicial authorities and the representatives of the public prosecutor's office, as well as the magistrates of the executive authority governed by the law concerning the remuneration of the magistrates of the executive authority (hereinafter referred to as: the Personnel Members).

1. This regulation governs, subject to specific provisions, the conditions of loss of earnings insurance due to illness and non-occupational accidents for all staff members who are entitled to salary payments during illness according to

a) Article 12, paragraphs 2 and 3 of the Law concerning the Salaries of Employees of the State of Valais (GBes), applicable by reference of other cantonal laws where applicable;

b) Article 40 of the Regulation on the Salaries of Personnel of Compulsory Education, General Secondary Schools, and Vocational Schools (VBOS);

c) Article 13, paragraph 3 of GBes, applicable by reference of other cantonal laws where applicable.

1. In the event of partial or total incapacity to work due to illness or non-occupational accident, the staff member is entitled to the following benefits

a) a claim to remuneration in accordance with Articles 12 and 13 GBes and Article 42b of the Ordinance on the Remuneration of Employees of the State of Valais (VBes), or Article 15 GBOS and Articles 12, 13, 40, and 48 VBOS;

b) a daily allowance payment upon expiration of the entitlement to remuneration, up to a maximum of 720 days of work incapacity, including the days on which remuneration was paid according to letter a, regardless of the cause and degree of work incapacity.

2. Only the staff member who was entitled to remuneration during a partial or total incapacity to work due to illness or non-occupational accident may claim entitlement to daily allowances.

3. The daily allowances are paid from the deposit account established under Article 8 of this Ordinance.

4. The daily allowances under paragraph 1 letter b amount to 90 percent of the relevant salary according to Article 5 of this Ordinance. They are subject to deductions for social insurance contributions according to federal law, cantonal law, or the regulations of the pension fund of the State of Valais.

5. The amount of the daily allowances is calculated proportionally to the degree of incapacity to work.

6. The payment of daily allowances is conditional upon the staff member having previously submitted an application for invalidity insurance (IV) benefits to the competent IV office. Exceptionally, a staff member who, due to special circumstances, was unable to submit an IV benefits application during the period of salary disbursement, may be granted a period of 2 months to submit this application. During this time, daily allowances will be paid as an advance. If the staff member does not submit an IV benefits application within this period, they must reimburse the daily allowances received.

1. Compensation follows the right to salary during illness and non-occupational accident as per Article 12 and 13 GBes or Article 40 VBOS.

2. The entitlement to compensation begins the day after the expiration of the entitlement to salary, regardless of the termination of the employment relationship.

1. The relevant salary within the meaning of this regulation is the one that is paid to the staff member and the deputies of the teaching staff pursuant to Articles 12 and 13 of the Salary Regulations (GBes), Article 42b of the Salary Ordinance for Civil Servants (VBes), and Article 40 of the Salary Ordinance for Teachers (VBOS) on the day before the entitlement to compensation begins.

1. The Extinction of the Claim for Daily Allowances is determined by the addition of all days of incapacity to work due to illness or non-occupational accident up to a maximum of 720 days, which are calculated regardless of the cause and degree of incapacity to work and fall within a period of 900 consecutive calendar days, calculated retroactively from each new day of incapacity to work.

2. The days of incapacity for which there was a claim to salary according to Article 12 GBes, Article 42b VBes, as well as other cantonal legal provisions, are included in the calculation of the duration of the claim for daily allowances.

3. For substitutes of teaching staff, the compensation, in addition to the salary stipulated in Article 40 VBOS, is determined as follows

Number of Effective Weeks of Substitution | Number of Maximum Consecutive Daily Allowances

More than 9 weeks and less than 19 weeks | Maximum 28 consecutive daily allowances

19 weeks or more and less than 38 weeks | Maximum 56 consecutive daily allowances

4. The compensation lasts no longer than until the end of the substitution, which was foreseen at the time of the work prevention, but in no event beyond the end of the current school year.

**1. Daily Allowances Termination Before the End of the Maximum Period of Incapacity for Work Due to Illness or Non-Occupational Accident According to This Regulation, Specifically in the Following Cases:**

a) At the end of a fixed-term employment contract;

b) On the day the daily allowance recipient has regained full working capacity;

c) At the end of the month in which the incapacity of the daily allowance recipient is, according to a medical certificate, limited to the position held prior to the incapacity;

d) At the time of actual retirement with the pension fund of the Canton of Valais, at the latest by the end of the month in which the statutory AHV retirement age is reached;

e) In the event of refusal by the daily allowance recipient to undergo a medical examination requested by the Canton of Valais; failure to appear for a medical examination appointment without valid reason is considered refusal;

f) In the event of refusal by the daily allowance recipient to release social insurers, liability insurers, or other responsible third parties, who are or might be entrusted with compensating the loss of earnings due to illness or non-occupational accident, from their confidentiality obligation from the start of compensation;

g) In the event of refusal by the daily allowance recipient to release their treating physician and the expert doctors of social insurers and third parties as mentioned in item g, from medical confidentiality in relation to the canton’s trusted doctor and from the start of compensation;

h) In the event of failure to present a medical certificate in the prescribed form and within the deadlines according to Article 10, paragraph 1 of this regulation, or

i) On the day of the death of the daily allowance recipient.

1. The daily allowances are financed by the State of Valais and by the personnel members.

2. A deduction from the salary of the personnel members is made from the first day of the employment relationship for participation in the loss of earnings insurance for illness or non-occupational accident introduced by this regulation.

3. The amount of the salary deduction is determined by the State Council after consulting the coordination of social partners through a published decision.

4. The contribution of the State is at least equal to that of the personnel members.

5. The deductions and the State's contribution form a deposit account that is used for the application of this regulation.

6. The amount of the salary deduction and the State's contribution is regularly reviewed, taking into account the available balance in the deposit account.

1. The amount of compensation that the State of Valais provides under this regulation for incapacity to work due to illness or a non-occupational accident shall be reduced by the amount of daily allowances or pensions owed to the recipient of daily allowances by social insurers for the period that establishes a right to compensation, particularly under the Federal Act on Invalidity Insurance (IVG), the Federal Act on Accident Insurance (UVG), the Federal Act on Unemployment Insurance (AVIG), or the Federal Act on Income Compensation (EOG).

2. In the event of retrospective payment of daily allowances or pensions by social insurers for the period of incapacity to work, which has already been covered by the employer, the State of Valais shall enter into the rights of the recipient of daily allowances.

3. The amount of compensation owed under this regulation shall be reduced by the amount of earnings compensation paid by a third party pursuant to liability legislation. In this case, the State of Valais shall enter into the rights of the recipient of daily allowances. Otherwise, the recipient may reduce the compensation in accordance with the damage they have suffered.

1. The recipient of daily allowances must prove their incapacity for work by regularly submitting medical certificates confirming their incapacity. The medical certificates shall not cover a period of more than one month and must be submitted within a maximum of three working days from the certified date of incapacity for work.

2. The recipient of daily allowances who regains full or partial work capacity is obliged to inform the State of Valais immediately.

3. The State of Valais may require the recipient of daily allowances to undergo a medical examination by a designated trust physician at any time. The costs of this examination shall be borne by the State of Valais.

4. The recipient of daily allowances is obliged to release the social insurers and their medical examiners from their medical confidentiality obligation towards their trust physician.

5. The recipient of daily allowances is obliged to inform the State of Valais immediately of any benefits received from social insurances, liability insurance, or liable third parties as compensation for loss of earnings due to illness or non-occupational accident, and to release them from their professional confidentiality obligation. They must also provide the State of Valais with all information and documents necessary for calculating overcompensation according to Article 9 of this regulation.

1. The Council of State may reduce or abolish compensations if the recipient of the daily allowance has aggravated or intentionally caused the insured risk, in accordance with Article 21, paragraph 1 of the Federal Act on the General Part of the Social Insurance Law (ATSG).

2. The recipient is obligated to repay the benefits acquired without legal grounds.

1. The State Council may issue special regulations for specific groups of personnel.

**1. Scope of Regulation**

This regulation applies to the personnel member in active service whose employment relationship has not been terminated by the State of Wallis or by the personnel member, and whose entitlement to remuneration in the event of illness or non-occupational accident under the previous law has not expired at the time of the enactment of this regulation.

**2. Calculation of Daily Allowances**

The number of daily allowances to which the recipient is entitled will be calculated considering the days on which the recipient was incapacitated for work prior to the enactment of this regulation.

**3. Consideration of Days of Incapacity**

Days of incapacity for work due to illness or non-occupational accident occurring before the enactment of the new law, which fall within the period of 900 consecutive calendar days calculated retrospectively from each new day of incapacity for work, will be considered regardless of the degree of incapacity.

**4. Salary Deductions**

Deductions pursuant to Article 8 will be made from the salary of personnel members who are in active service at the time of the enactment of this regulation, starting from the day of its enactment.