Ordinance on the Guarantee of Salary in the Event of Illness and Accident of State Personnel

1. This regulation governs the conditions of the wage guarantee in the event of illness or accident, as described in Article 110 of the Code of Criminal Procedure.

1. Employees with an indefinite employment contract or a fixed-term employment contract for at least two years are entitled to full wage guarantee for a period of 730 days (complete wage guarantee).

1. The full salary guarantee commences on the first day of the contractually stipulated start date of employment, but no later than the first actual working day. The nullity of the employment contract pursuant to Article 28, Paragraph 2 of the StPG is reserved.

2. The salary guarantee ends upon the termination of the employment relationship.

1. In the event of inability to work due to illness or accident, the employee shall, for a total of 730 days, be entitled to benefits under the full salary guarantee.

2. These benefits consist of

a) the continued payment of salary during the first 365 days of inability to work. This salary is defined in Article 5 (relevant salary) and is paid directly by the state;

b) the daily allowances from the 366th to the 730th day of inability to work. These daily allowances correspond to the relevant salary minus social security contributions and the salary retention provided for in Article 10. The daily allowances are paid by the state personnel pension fund (the pension fund).

3. Daily allowance payments are only made if an application for IV benefits has been submitted to the IV Office.

1. Determinative is the salary contractually owed at the onset of the incapacity to work. For teaching staff, the salary corresponding to the agreed number of lessons at the onset of the incapacity to work is determinative.

2. The determinative salary includes

a) the basic salary subject to AHV (Swiss Social Security), including the 13th month's salary;

b) the loyalty premium;

c) the monthly lump-sum compensations subject to AHV;

d) from the beginning of the month following the fourth month of incapacity to work, the specific compensations for irregular working hours, on-call and standby duties, or other special service times, provided there is a regular entitlement to these compensations. The determinative amount corresponds to the average of the amounts owed in the last six months prior to the onset of incapacity to work;

e) family allowances and employer's allowances for children.

3. The portion of the fees assigned to the doctors, as well as any corresponding compensation, do not form part of the determinative guaranteed salary.

1. To determine the point in time at which the entitlement to continued salary payment expires, full-day or partial absences up to 365 days are totaled within a period of 547 consecutive days, calculated retroactively from each new day of absence. Article 7 remains reserved.

2. To determine the point in time at which the entitlement to daily allowance expires, full-day or partial absences up to 730 days are totaled, minus the days that have entitled continued salary payment according to paragraph 1. The calculation is made over a period of 912 consecutive days, calculated retroactively from each new day of absence.

1. If the employee or the employer terminates the employment relationship before the completion of the first 365 days of incapacity for work, calculated according to Article 6, paragraph 1, the pension fund shall ensure the payment of daily allowances until the completion of 730 days over a period of 912 consecutive days.

1. In any case, the benefits shall cease before the expiration of the 730 days of incapacity for work

a) at the end of the month following the death of an employee;

b) upon regaining the ability to work;

c) at the effective time of retirement;

d) upon the expiration of a fixed-term employment contract.

1. The full wage guarantee is financed by the state and the employees.

2. The state assumes the financing of continued salary payments.

3. The employees bear the cost of the daily allowance benefits through wage withholding, after deducting all disability insurance benefits from the pension fund and the benefits resulting from Article 83 StPR.

1. The wage retention amounts to 2.3 ‰ of the gross salary.

2. The wage retention is applied to the salaries of employees, even during periods of incapacity for work. However, the wage retention is not deducted from the daily allowances of the pension fund.

1. Wage Retention is deposited into a fund at the pension fund, referred to as the Fund for Wage Guarantee for a period of 730 days (the Fund).

2. Each year, the pension fund charges the Fund

a) the amount of the daily allowances it has disbursed, minus its own contributions as well as contributions resulting from Article 83 of the Staff Regulations;

b) an amount for its administrative costs, which is agreed in advance with the Department of Finance after consulting the Delegation of the State Council for Human Resources (the Human Resources Delegation) and the partners recognized under Article 128 of the Staff Regulations.

1. The fund is managed by the pension fund. The interest from the bank current account and, if applicable, the investments are credited to the fund.

2. The pension fund informs the finance directorate, the delegation for personnel management, as well as the partners recognized under Article 128 StPG about the fund's financial status every year.

3. The financial inspectorate audits the fund's accounts annually and shares its report with the delegation for personnel management.

1. The Finance Directorate requests the State Council every three years to maintain or amend the rate for salary withholding based on the fund's asset status, following the opinion of the Personnel Affairs Delegation and the recognized partners.

1. Staff employed for a duration of less than two years is entitled to partial wage guarantee.

2. This consists of the payment of salary for a limited period.

3. This salary includes

a) the basic salary subject to AHV, including the 13th month's salary;

b) family allowances and employer's allowances for children.

1. The duration of continued salary payment is

a) one month if the employee has been employed for one year or less;

b) three months if the employee has been employed for more than one year and the incapacity for work occurs in the first year of service;

c) six months if the incapacity for work occurs in the second year of service.

2. In the case of an extraordinary contract extension beyond two years, the salary will be paid in proportion to the extension for up to twelve months from the fourth year of service onwards.

3. In the event of an occupational disease or occupational accident, the continued salary payment amounts to twelve months.

4. For employees who are unable to commence work due to illness or accident, the continued salary payment is at most one month.

5. Exceptionally and in cases of hardship, the continued salary payment can be extended by a maximum of three months.

1. For determining the point in time at which the entitlement to continued salary payment expires, full-day or partial absences during a period of 547 days are totaled, calculated retroactively from each new day of incapacity for work.

2. Upon the termination of the employment relationship due to a fixed-term employment contract or for reasons unrelated to the illness or accident, the entitlement to continued salary payment expires.

1. The employing authority or the pension fund may condition the continuation of salary payments or daily allowances on the verification of the medical certificate, which attests to the incapacity for work, by the state's appointed medical officer. If necessary, the employing authority or the pension fund may require that the insured individual be directly examined by the state's appointed medical officer.

2. After consulting with the state's appointed medical officer and considering the statement from the Office for Personnel and Organization, the employing authority may reduce the wage guarantee benefits in the same proportion as the mandatory accident insurance, if the accident is attributable to gross negligence on the part of the employee. Benefits may also be reduced by up to 50% in the event of illness resulting from non-compliance with an instruction given by the state as the employer.

1. During the entire duration of unpaid leave, the benefits owed in the event of incapacity for work are not paid.

2. If an employee becomes incapacitated for work before the beginning of unpaid leave, the wage guarantee benefits are paid up to the last day before the start of the leave, unless the leave is postponed or canceled.

3. If an employee is incapacitated for work after unpaid leave, the entitlement to wage guarantee benefits arises on the first day after the end of the unpaid leave.

1. Employees who are subject to reintegration measures of the disability insurance during the period of continued salary payment or after its expiration during the period of daily allowance payment will have their entitlement to salary continuation extended until the completion of the reintegration measures, but at most until the expiration of 912 days from the onset of the incapacity to work.

2. However, the entitlement to salary continuation is not extended during the period of reintegration measures if the employment relationship is terminated before the expiration of one year of salary continuation.

1. The benefits provided by the state in the event of an employee's inability to work are reduced by the amount of daily allowances or pensions owed to the employee by accident, disability, or military insurance, which are already covered by the employer's benefits for the same period. If social insurers retroactively make daily allowance or pension payments for the period already covered by the employer during the inability to work, the state or, if applicable, the pension fund assumes the rights of the employee.

2. Additionally, the benefits owed during the inability to work are reduced by the amount paid by a third party as compensation for lost wages based on statutory liability provisions. In such cases, the state or the pension fund assumes the rights of the respective employees, who may assert their claims only with the consent of the state or the pension fund. In case of non-compliance, the state or the pension fund may reduce the salary by the extent of the damage suffered.

1. Days of absence due to inability to work are either accounted for by the Office for Personnel and Organization or, based on the agreement provided in Article 6 (2) of StPR, by the department managing the file of the absent employee. The Office for Personnel and Organization or the department communicates this accounting to the administrative units every month. In cases of prolonged absence, the Office for Personnel or the department additionally specifies the date when the entitlement to continued salary payment expires, as per Article 36 StPR, if this expiration is expected to occur within the next three months.

2. In the case of an absence exceeding two months, the department head regularly inquires about the health status of the employee. He or she establishes direct contact with the concerned employee or, when circumstances necessitate, with their relatives. With the consent of the absent employee, the department head can also contact the attending physician.

3. The Office for Personnel and Organization issues guidelines for handling cases of prolonged absence due to illness or accident. It collaborates with the department head to advise the concerned employee on the various steps that must be taken with the appropriate authorities, particularly with social insurance agencies.

1. In the event of illness or accident resulting from the occurrence of a function-related risk, without the employee being at fault or grossly negligent, the state or an insurance contracted by it will cover the costs not covered by the UVG up to the amount typically covered by insurance for a semi-private ward.

2. In the event of death or disability resulting from the occurrence of a function-related risk, without the employee being at fault or grossly negligent, the state or an insurance contracted by it will pay compensation equivalent to one year's salary.

1. The recipient of benefits in the event of incapacity for work shall regularly submit medical certificates confirming the incapacity for work to the department to which they belong or to the pension fund.

2. The Office for Personnel and Organization, the specialist departments for personnel management, and the pension fund shall share with each other the information required for the smooth administration of salary guarantees.

1. Employees with permanent employment contracts or fixed-term contracts of at least two years, who are incapacitated for work at the time of the entry into force of this regulation, shall benefit from the salary guarantee for a period of 730 days, provided that the following conditions are cumulatively met

a) The incapacity to work began on or after July 1, 2003.

b) The employment relationship still exists as of December 31, 2003.

c) The entitlement to continued salary payment under the previous law has not expired as of December 31, 2003.

2. The calculation of the days of incapacity for work takes into account the days of absence prior to the entry into force of this regulation.

3. Employees who do not meet the conditions under paragraph 1 and are incapacitated for work on January 1, 2004, remain subject to the regulations applicable prior to the entry into force of this regulation.

4. This regulation shall apply to the employees referred to in paragraph 3 only from January 1, 2005, provided that the concerned employee has been fit for work again for at least six months as of that date.

1. This regulation shall enter into force on January 1, 2004.