Ordinance on the Employment Relationships of State Personnel (Personnel Ordinance) (Personalverordnung) - Subject Matter and Scope

1. This regulation applies within the framework of Art. 1 of the Personnel Act to all persons in a public-law employment relationship with the canton.

2. It governs the general rights and obligations arising from the employment relationship.

3. The Executive Council may issue supplementary or implementing guidelines.

4. Special provisions concerning specific matters, particularly regarding financial measures and benefits, as well as provisions for individual categories of personnel, remain reserved.

1. For vacations pursuant to § 39a, the previous years of service shall be credited. Utilization in the first year after entry into force cannot be guaranteed.

1. Not subject to this regulation are

a) Juveniles up to the completion of their 18th year

b) Apprentices according to the Federal Act on Vocational Training and other persons in training or internships

c) Temporary workers

d) Part-time staff without public duties

2. Their concerns are regulated in accordance with the Code of Obligations. Provisions concerning public-law employment relationships may be declared applicable.

3. The cantonal government, or in the judiciary area the supreme court, regulates the employment authority.

4. The cantonal government may subject additional employment relationships to the Code of Obligations in justified cases.

1. Section 37a is limited until the end of 2026 or until the latest possible disbursement date in February 2027.

1. Insofar as cantonal law does not provide a regulation, the relevant provisions of the Code of Obligations shall apply mutatis mutandis to the employment relationship.

1. The appointing authority is responsible for all further personnel-related decisions, unless otherwise stipulated.

2. The personnel services exercise the participation rights assigned to them.

3. The superiors manage the employment relationships. They possess the official and professional authority to issue instructions to their employees.

1. The Personnel Office is the central specialist agency for personnel matters of the canton and serves as the personnel service for the administration and courts. It is subordinate to the Department of Finance.

2. It develops the basis for personnel policy, ensures the equal application of personnel-related legal provisions, and performs the additional central tasks assigned to it. It plans and organizes general training and further education, advises supervisors on issues of leadership, team and organizational development, etc., and maintains social partnership.

3. The Personnel Office, the personnel services of hospitals, and the personnel services in the education sector implement personnel regulations in their respective areas and perform the additional tasks assigned to them. They propose implementation measures when there is a need for changes in personnel-related regulations in their areas.

1. The Executive Council establishes the foundations for employee participation and is committed to an intact social partnership.

2. The institutions may establish internal operational committees in regulations to serve as contact points for operational and organizational matters.

3. Supervisors involve employees in the design of their own activities and workplace.

1. The Executive Council appoints a personnel commission with nine members. The four members elected by the Executive Council must be employed by the canton and must not report directly to the Executive Council or any of its members. Five additional members, at least one of whom must be employed by the canton, are to be nominated by the VöPS. A personnel association, including VöPS, can delegate only one representative. The commission constitutes itself.

2. The personnel commission serves as the negotiating partner of the Executive Council in general personnel matters. It holds regular meetings, which are regarded as working hours for cantonal employees. Typically, the head of the Department of Finance and the Personnel Office participate in these meetings.

3. Negotiations with individual personnel associations are generally conducted with their representatives in the personnel commission. Personnel associations are expected to propose their members accordingly. The personnel associations serve as negotiating or contact partners for collective labor agreements and social plans.

4. The personnel commission and the personnel associations are informed in a timely manner about planned significant changes to personnel and salary regulations or organizational structure, and they are given the opportunity to comment.

1. Positions to be filled are generally to be published in the Official Gazette. The government council may designate alternative or supplementary means of publication.

2. No publication is particularly required if the appointment falls within the competence of the institutions or if the position is filled by appointment, internal promotion, or transfer.

3. A prerequisite for an appointment is a position approved and unoccupied according to the staffing plan.

4. A position that becomes vacant due to the illness or accident of an employee can generally only be permanently filled after the obligation to continue salary payments has expired.

1. The professional and personal employment conditions are determined by the requirements of the position.

2. The governing council may, for special reasons, designate functions for which Swiss citizenship or residency in the canton is required, or which are elected for a term of office.

1. The Executive Council is responsible for the appointment of heads of departments, their deputies, administrative employees from salary band 14, as well as individuals not assigned to a salary band but performing comparable duties. Adjustments to work quotas within the scope of the approved staffing plan are made by the relevant department or the State Chancellery in agreement with the Personnel Office.

2. The relevant department or the State Chancellery, in agreement with the Personnel Office, appoints all other employees.

3. Exceptions are reserved for special regulations, particularly for teachers, the courts, and institutions.

1. Employment may be made contingent upon the result of a trusted medical examination for individual employees or professional groups in justified cases.

2. The head of the department can require employees to undergo a trusted medical examination in agreement with the responsible personnel service during the course of the employment relationship, as far as the circumstances justify it to clarify their ability to work.

3. The trusted physician communicates the medical conclusions necessary for the execution of the employment relationship to the employee and the employer.

1. The employment relationship comes into effect when the hiring authority and the person being hired have signed the written employment contract.

2. The employment contract contains at least the following information

a) the contracting parties

b) the start and duration of the employment relationship

c) the role or area of work

d) the department

e) the probationary period

f) the employment level

g) the salary

h) the notice periods

3. Rights and obligations are furthermore governed by cantonal law.

4. Salary changes are governed by the relevant provisions and are taken into account in the respective payroll without formal adjustment of the contract.

5. Upon hiring, employees are entitled to receive the fundamental personnel regulations.

1. At the beginning of the employment, a probationary period of three months generally applies.

2. In justified cases, the employment contract may waive the probationary period, or a shorter or longer probationary period of up to six months may be agreed upon.

3. When taking on a different function with the canton, a probationary period generally does not apply. A probationary period may be agreed upon for special reasons.

4. The agreed probationary period may be subsequently extended by mutual agreement to a total of six months.

5. If the probationary period is effectively shortened due to illness, accident, or the fulfillment of a legally required obligation not voluntarily undertaken, the probationary period shall be extended accordingly.

6. Special provisions are reserved.

1. During the probationary period, the employment relationship can be terminated at any time with a notice period of seven days, unless a longer period of up to 30 days has been agreed in the employment contract. If the probationary period is extended, the notice period during the extension is 30 days. The notice period is also 30 days if a probationary period is agreed upon when taking on another role.

2. After the probationary period, the employment relationship can be terminated with adherence to the following notice periods

a) For employees in pay bands 1 to 11 and individuals not assigned to a pay band, two months in the first year of service, three months from the second year onwards; a longer notice period of up to a maximum of six months can be agreed in the employment contract.

b) For employees in pay bands 12 to 17, six months; a shorter notice period up to the limits of paragraph a may be agreed in the employment contract.

3. Termination after the probationary period can occur at the end of a month, unless another date has been agreed.

4. A fixed-term employment relationship expires at the end of its term without notice. It may be terminated early according to the aforementioned provisions, unless it is agreed in the employment contract that it can only be terminated without notice for important reasons before the end of the term.

5. The right to immediate termination remains reserved. If the employee does not start the position for no important reason or leaves it without notice, the employer is entitled to compensation equivalent to one-quarter of the monthly salary. This can be offset against the outstanding salary. If the employer restructures the employment relationship without observing the notice period according to Art. 30 para. 4 of the Personnel Act, the employee is entitled to terminate the employment relationship early upon the changes taking effect.

6. The employment relationship can be dissolved at any time by mutual agreement.

7. If the employment relationship is terminated or dissolved by mutual agreement, the appointing authority may, in justified cases, release employees from their duties without affecting salary payment until the end of the employment relationship. The offsetting of earnings obtained elsewhere remains reserved. Release pursuant to Art. 42 para. 2 of the Personnel Act remains reserved.

8. Special provisions remain reserved.

1. Insofar as the position is designated for a fixed term, the employment relationship may be established by an official decree.

2. The term of office is four years and corresponds to the term of the governing council. There is no probation period.

3. Individuals elected for a fixed term may resign at any time by giving six months' notice, effective at the end of a month. The canton may waive the notice period requirement.

4. A decision not to re-elect can be declared until the end of the term of office; if this is done less than six months before the end of the term, the employment relationship shall extend until the end of the sixth month following the declaration.

5. The termination of the employment relationship in accordance with different provisions or agreements, as well as immediate termination without notice, remains reserved.

6. Otherwise, the regular provisions apply to individuals elected for a fixed term, as long as they are compatible with their position and unless specified otherwise.

1. If the complete or partial suspension of work due to illness or accident lasts longer than three months and the date of full resumption of work is uncertain, the department shall submit a written report to the relevant personnel service, including the previous medical certificates. It initiates the necessary steps.

2. Employees who claim benefits from the pension fund must submit a written application to the employment authority for the attention of the fund in a timely manner. In the case of retirement due to disability, the employment authority, in agreement with the relevant personnel service, forwards the application with a recommendation and a medical certificate to the fund.

3. The head of the department may, if necessary, order a confidential medical examination in agreement with the relevant personnel service. If the confidential medical report shows that the employee is unlikely to regain full working capacity in the foreseeable future, the matter is to be submitted to the employment authority. After consulting with the relevant personnel service, the employment authority submits an application to the pension fund.

4. The employment relationship ends without termination to the extent that the conditions for a disability pension from the pension fund are met.

1. The Governing Council regulates a transitional pension for employees who retire a certain time before reaching the AHV reference age.

2. The employment authority may retire employees early, provided they are entitled to a transitional pension according to paragraph 1.

3. Any severance payment pursuant to § 18 shall be reduced by the amount of the transitional pension.

**1. If the employment relationship is terminated by the employer without the employee being predominantly at fault, the entitlement to severance pay begins upon reaching the age of 45 and amounts to six months' salary after 10 full years of service. For each additional year of age, the severance pay increases by one month's salary, up to a maximum of 12 months' salary. The basis for calculation is the most recent monthly base salary (1/12 of the annual base salary).**

**2. The hiring authority may, in justified individual cases and in agreement with the personnel office, pay severance starting from the age of 40. Otherwise, the conditions and benefits are governed by paragraph 1.**

**3. The severance payment is reduced by the amount by which it, together with any possible earned income and social benefits, exceeds the most recently received base salary plus social allowances. It lapses if the concerned employee:**

a) does not accept an offered reasonable position

b) does not make reasonable efforts in job searching

c) has reached the retirement age according to the provisions regarding the pension fund

**4. At the request of the employee, the cash value of the severance payment will be paid by the employer into the personal retirement savings account at the Cantonal Pension Fund as a deposit, in accordance with Art. 24 of the Pension Fund Regulations of the Cantonal Pension Fund. The amount of this cash value is calculated using the interest rate of the retirement savings of the actively insured members of the Cantonal Pension Fund.**

**5. If a significant number of employment contracts are terminated due to staff reductions, a social plan may provide for additional or other benefits.**

**1. The employer shall pay the full salary for the current month and the four months following the month of death, without deducting any insurance benefits, if the employee is survived by the following persons:**

a) the spouse, registered partner, or permanent life partner

b) children for whom there is an entitlement to child or educational allowances

c) other persons whom the employee was obligated to support in a tax-deductible manner

**2. If there are multiple eligible persons, the salary payment is generally divided equally among them.**

**3. For employees paid on an hourly wage basis, the salary received in the last twelve months is used as the basis for calculation.**

1. The Executive Council issues guidelines for the performance review.

2. Special provisions remain reserved.

1. If employees disagree with the assessment pursuant to § 20, they may seek mediation by contacting the next higher-ranking supervisor. The personnel office may be involved in the mediation discussion.

2. The result of the mediation shall be documented. If it requires a change in the assessment, it shall be corrected. The next higher-ranking supervisor shall implement the necessary measures.

3. If the employee disagrees with the result, the matter may be referred to the next higher authority, but no higher than the head of the department.

4. The employee may be accompanied by a trusted person.

5. The administration may, as necessary, involve experts.

6. These provisions apply mutatis mutandis to the courts and institutions.

1. Employees may submit specific suggestions for the improvement of administration or operations.

2. They may be rewarded with a bonus for doing so.

1. The canton shall bear the costs of legal disputes incurred by the employee in connection with official duties against third parties.

2. The legal dispute must be reported to the Council of State or the Supreme Court immediately after it arises. These bodies have a right to be consulted regarding the generally free choice of attorney.

3. If it becomes evident from the legal dispute that employees have acted with intent or gross negligence, they must bear the costs in full or in part.

1. The essential tasks for the protection of security or for the supply of essential goods and services must be adequately ensured at all times. The government council shall, if necessary, enact the required measures.

2. During a strike, no wages shall be paid due to the absence of work performance.

1. Recusal and testimonial duty of employees are governed by the Administrative Procedure Act and the provisions of the Criminal Procedure Code and the Civil Procedure Code.

2. If an employee is required to recuse themselves, the matter must be referred to the supervisory authority or their deputy for further official action.

1. Exceptions to the duty of confidentiality regarding matters arising from the employment relationship include official communications within the administration and with municipalities under the provisions related to data protection (administrative assistance) and the provision of information to supervisory bodies with the consent of the superior authority.

2. If employees have justified reasons to believe that irregularities occur among superiors, other individuals in the service of the canton, or within a department, they may refer the matter to the next higher superior authority up to the government council without breaching the duty of confidentiality. Article 34, paragraph 2 of the Personnel Act remains reserved.

3. Specific confidentiality or information duties remain reserved.

1. Employees are required to inform their supervisors if they are offered gifts or other benefits for themselves or others in connection with their work performance.

2. The supervisors determine the further course of action. If necessary, they confer with the responsible personnel services.

1. The engagement in secondary employment and the role as a member of the board of directors or executive board of a company pursuing economic purposes requires authorization for employees with a full-time workload. Part-time employees are required to inform in advance about the planned commencement of secondary employment.

2. The authorization is granted by the head of the department or, for them, by the head of the division, in agreement with the competent personnel service. Doubtful cases are to be submitted to the appointing authority.

3. Secondary employment may be refused or restricted if the fulfillment of official duties is impaired, particularly if

a) there exists the danger of a conflict of interest,

b) the secondary employment occupies the employee to an extent that significantly reduces their performance capability for the canton,

c) working time is taken up for the secondary employment.

4. The authorization may be accompanied by conditions. It regulates the use and compensation of working time and the utilization of secondary income.

5. Unpaid activities in associations, etc., must be compatible with work and duty of loyalty. In cases of doubt, the superior is to be informed, who will take the necessary measures.

1. The appointing authority must be informed in a timely manner before the planned assumption of a public office.

2. The assumption requires approval from the appointing authority in agreement with the responsible personnel service if there is a risk of a conflict of interest or if the absence during regular working hours for a full-time position exceeds 15 days in a calendar year. Any absence exceeding 15 days must be compensated, or the salary must be adjusted accordingly. For part-time employees, the threshold is determined proportionally. If the government council is the appointing authority, the approval is granted by the head of the department in agreement with the responsible personnel service.

1. The provisions of the Liability Act apply to the financial liability of employees.

2. To cover damages arising from the official conduct of employees, the Council of Government may take out insurance at the expense of the canton.

1. The weekly standard working hours for full-time employees shall be 42 hours. Where operational requirements allow, a paid break of a maximum of 15 minutes may be taken each day in the workplace. Other breaks are unpaid.

2. The allocation of working hours can be arranged flexibly as far as possible. The government council regulates special models with flexible working hours. The determining factors for the application are the operational needs and possibilities. These take precedence over the individual employees' preferences. There is no entitlement to a specific model.

3. In shift operations or in areas or for functions where the operational deployment must be defined for organizational reasons, work is conducted according to fixed working hours. Working hours are determined through service regulations, shift schedules, or duty rosters. Employees are bound to the established working hours.

4. The government council shall annually, upon the proposal of the finance department, determine additional holidays on which the cantonal administration and courts shall be closed. The additional holidays can be compensated by working overtime or offset with vacation days.

5. Exceptions remain for special working time models or instructions on working hours with the approval of the relevant department, or the supreme court, or the state chancellery for certain areas or categories of persons, especially for 24/7 operations and teaching staff. Autonomous public institutions can stipulate their own models. These should align as closely as possible with the general regulations.

**1. The appointing authority may divide approved positions into part-time positions if the official circumstances permit.**

2. There is no entitlement to a change in the employment level.

1. A position may be divided between two or more individuals who are jointly responsible for fulfilling the duties.

2. The appointing authority decides whether a position will be filled on a job-sharing basis. In particular, the workflows and content, the flow of information among the parties involved, the ability to jointly assume responsibility and competencies, as well as the suitability of the potential candidates, must be considered.

3. Separate, independent employment relationships are established. These are legally equivalent to part-time employment relationships.

4. A supplementary agreement must specifically address: working hours, workplace, division of duties with joint or separate responsibility, representation, and conditions for terminating the job-sharing arrangement.

1. Telecommuting occurs when employees regularly perform their work duties entirely or partially at a remote work location connected to the cantonal IT infrastructure.

2. The head of the department may authorize telecommuting.

3. Employees are responsible for optimal performance. They share responsibility with their supervisors for optimal planning and organization of telecommuting and must set its essential conditions in writing.

1. Offices shall establish contact hours during which they are to be reachable. During these times, availability to provide information and functionality for the public and internal operations must be ensured. The contact hours do not pertain to individual persons, but to the office as a whole.

2. The contact hours of the offices are generally at least Monday to Friday from 8:00 to 11:30 a.m. and from 2:00 to 5:00 p.m.

3. Before public holidays, the offices and counters close at 4:00 p.m.

4. In the interest of the public and clients or due to operational reasons, the offices may, with the consent of the Department or the Superior Court or the State Chancellery, establish additional contact hours.

5. Reductions in the contact hours as per paragraph 2 require the approval of the Government Council or the Superior Court.

6. The contact hours must be made known in an appropriate manner.

1. The following are recognized as holidays: New Year's Day, Berchtold's Day, Good Friday, Easter Monday, May 1st, Ascension Day, Whit Monday, August 1st, Christmas Day, and St. Stephen's Day.

2. On the days preceding major holidays according to Art. 2 of the Rest Days Act (Good Friday and Christmas Day), full-time employees are entitled to a time credit of two hours. Saturdays and Sundays are excluded. Part-time employees are granted time proportionately.

3. Holidays that fall during vacation can be taken at a later date. However, they cannot be claimed in cases of illness, accident, or leave.

4. Special regulations remain reserved.

1. Overtime can only be compensated if it has been ordered in advance or subsequently approved by the responsible supervisor. Compensation is generally provided in the form of time off of equal duration.

2. If ordered or approved overtime work cannot be compensated with time off within a year, it will be compensated at a rate of 1/150 of the gross monthly salary (excluding social allowances and expense reimbursements). The government council may decide on an exceptional flat-rate compensation in cases of extraordinarily long-lasting overtime work.

3. A maximum of 180 hours of overtime per calendar year will be compensated.

4. ...

5. Additional work performed by part-time employees up to a full-time workload does not entitle them to overtime compensation.

**1. The Annual Vacation Entitlement for Full-Time Employees is:**

a) * 24 days until the calendar year in which the employee reaches the age of 49

b) * 28 days from the calendar year in which the employee reaches the age of 50

c) 32 days from the calendar year in which the employee reaches the age of 60

**2.** Vacations are intended for rest and should generally be taken consecutively during the relevant service year. Vacation days not taken within the calendar year must be made up no later than the first quarter of the following year. Supervisors set the timing of vacations in agreement with the employees, taking into account the employer's interests.

**3.** No vacation entitlement arises during the period of unpaid leave.

**4.** Special provisions remain reserved, particularly for teaching staff and healthcare institutions.

1. In the event of entering or leaving during the calendar year, vacation days are calculated proportionately.

2. A sickness or accident, properly reported by a medical certificate, interrupts the vacation if the purpose of recovery is thwarted.

3. If absence due to military service or other services, paid leave (excluding pregnancy or maternity, paternity, adoption, or caregiving leave for severely health-affected children), illness, accident, or pregnancy exceeds three months in the calendar year or lasts longer than three months consecutively, the vacation entitlement is reduced by one-twelfth for each additional full month of absence.

4. If an employee takes the leave of the other parent pursuant to § 44 paragraph 1ter or in the case of the mother's death pursuant to § 44a paragraph 3bis, there is no reduction in vacation entitlement.

1. Holidays should ideally be taken before transferring to another department or before the termination of the employment relationship. Unused holiday entitlements will be compensated financially if it was not possible to use them due to business reasons, illness, accident, or maternity before the transfer or until termination of the employment relationship. In the case of a transfer, holiday entitlements may be wholly or partially transferred to the new position by mutual agreement between the employing authority and the employee. If the employment relationship ends as a result of death, holidays will not be compensated.

2. The holiday entitlement is fully compensated with wage payment in the event of illness or accident, if the employment relationship is subsequently terminated for these reasons.

3. Holidays taken in excess will be offset against the salary at the end of the employment relationship.

1. Existing vacation balances should be reduced as much as possible by the end of 2026. Supervisors will work with employees to aim for a corresponding reduction plan.

2. Remaining vacation balances that exceed the annual vacation entitlement according to § 35 will be paid out by no later than February 2027 as follows

a) Balances under 50 days will be paid out in a single payment

b) For balances of 50 or more days, the payout can be spread over two years. A single payment is also possible

c) For balances of 90 or more days, the payout can be spread over three years. A single payment is also possible

3. The specifics of a payout are to be clarified with the supervisors. The personnel office must be informed in advance about the payout timing.

1. Provided that the operational requirements permit, the 13th month's salary may, in agreement with the supervisory authority, be taken wholly or partially in the form of additional days off. The personnel services must be informed of the decision by the end of November of the respective calendar year.

2. The 13th month's salary corresponds to 20 working days.

1. Responsible for granting fully or partially paid leave for continuing education or other activities outside of work that are in the interest of the canton are

a) the head of department in consultation with the personnel office for up to five days,

b) the competent department or the state chancellery in consultation with the personnel office, and the president of the court for six to 19 days,

c) the government council if the paid leave lasts more than 19 days,

d) the medical institutions.

2. Responsible for granting unpaid leave are

a) the head of department and the president of the court for up to four months,

b) the appointing authority if the unpaid leave lasts more than four months,

c) the medical institutions.

3. The employment relationship is not interrupted by the leave. The duration of the leave must be communicated to the personnel services. During unpaid leave, the mutual obligations from the employment relationship are suspended.

4. Leave is generally unpaid. The allowance of partial or full salary payment is based on sections 48 et seq.

5. During unpaid leave, the insurance with the cantonal pension fund continues unchanged or only as risk insurance at the employee's choice. The person on unpaid leave pays both the personal premium and the employer's premium and any purchase contributions to the pension fund for the duration of the leave. They are also responsible for the timely conclusion of the agreement insurance according to the Federal Law on Accident Insurance and must pay the premiums.

6. If the employment relationship has lasted at least five years before the start of the leave, the employer takes over the employer's premiums to the pension fund for a maximum of six months. If work is not resumed, the contributions must be reimbursed by the employee. The government council may, in special cases, provide for the assumption of both employer and employee premiums to the pension fund during an unpaid leave of up to six months or longer.

1. Employees may take a two-week leave period as a break once every five years starting from their 10th year of service. Longer leave or additional breaks may be granted if the work conditions allow. A planned break must be registered in a timely manner, generally at least six months before commencement.

2. There is no accumulation of entitlements over a period of five years.

3. The break is generally unpaid. Hours from a positive time balance, overtime hours, the 13th monthly salary, or any potential anniversary gift can be used for fully or partially paid leave.

4. Jurisdiction is determined pursuant to § 39.

1. Without deduction from leave and without any salary reduction, the head of the department grants leave in the following cases

a) Death of a life partner or one's own children: 3 days

b) Death of a parent: 2 days

c) Death of grandparents, siblings, and parents-in-law: 1 day

d) * Own marriage or registration of partnership: 2 days

1. Marriage or registration of partnership of one's own children, siblings, or a parent: 1 day

e) * ...

f) Moving with one's own household (furnished rooms do not count as a household) and assisting with the move of parents who live in a shared household: 1 day

g) Military recruitment, inspection, and discharge: up to 3 days

h) Active participation in a federal festival: 1 day per year

i) Participation as a delegate in nationwide meetings of professional associations and trade unions: up to 3 days per year

j) Participation in educational events related to this activity by members of the personnel commission who are employed by the canton: up to 3 days per year

k) * Necessary care of a family member, life partner with a health impairment: at most 3 days per incident and 10 days per year

2. If these events occur during periods of illness, accident, or leave, there is no entitlement to extraordinary leave.

3. For extraordinary personal events, the head of the department may also grant a maximum of three days of leave per year.

4. If the move according to subsection 1 lit. f occurs on a Saturday, this day can be taken in the following week.

5. Leave for the head of the department is granted by the Head of the Department.

1. The Executive Council designates the personal events of employees associated with a gift and determines the maximum amounts to be used for such occasions, particularly in cases of

a) Commencement of employment;

b) Marriage or registration of a partnership;

c) Birth or adoption of a child;

d) Anniversary, retirement, and farewell;

e) Death.

1. Illness, accident, or other impediments to work must be immediately communicated to the supervising authority. If the absence due to illness lasts more than five working days and due to an accident more than two working days, a doctor's certificate must be submitted to the supervising authority without being specifically requested. In justified cases, the authority may request a doctor's certificate earlier.

2. The doctor's certificate should address the cause (illness, accident, or pregnancy), the degree, and the anticipated duration of the inability to work. Upon request, it should also include information on whether and, if applicable, which other tasks the employee can undertake.

3. The supervising authority must be continuously informed about the anticipated resumption of work and notified regarding the definitive commencement of work. For longer absences, doctor's certificates are generally to be submitted monthly.

1. The right to remuneration begins and ends, subject to paragraph 6, with the employment relationship.

2. In the event of inability to work due to illness or accident, the employee is entitled to full remuneration for a maximum period of 12 months. Various absences and reasons are aggregated. Partial inability to work does not extend the entitlement to salary payment.

3. If the employee performs the agreed workload again for a continuous period of six months, there is a new entitlement to salary payment pursuant to paragraph 2 in the event of renewed inability to work.

4. In fixed-term employment relationships, in the event of inability to work, there is an entitlement to salary payment for up to half of the service time already rendered, at least for one month, at most for twelve months, and no later than the expiration of the contract.

5. For employees who cannot start their position due to illness or accident and for inability to work during the probationary period, the full salary is paid for a period of up to one month.

6. In justified exceptional cases, the employment authority, in agreement with the responsible personnel service, may provide additional benefits after the salary payment has ceased and the employment relationship has ended, in particular until the completion of medical services or the provision of a pension, but not for more than an additional 12 months. The benefits are generally provided as an advance and must be recorded in a written agreement.

7. After the expiration of the above periods, there is no entitlement to salary irrespective of the continuation of the employment relationship, or only to the extent of work performed. If the employment relationship is restructured in the case of partial ability to work, there is an entitlement to salary payment according to paragraph 2 for the new workload in the event of renewed inability to work.

1. For the calculation of wage payment in case of illness and accident, the daily scheduled working time, or in the case of employees with hourly wages, the average wage of the last twelve months is decisive.

2. Compensations that are not part of the wage are not considered as wages, especially inconvenience allowances for night, Sunday, and on-call services, special service allowances, overtime compensations, as well as allowances of an expense nature.

3. If the employee has a legal claim to sick pay, disability pension, or similar benefits from a state-recognized social insurance, these insurance benefits will be offset against the wage. They must be reported to the personnel service immediately upon notification or execution. Exempted from offsetting are benefits that the employee predominantly finances themselves.

4. The wage payment can be reduced in agreement with the personnel office if

a) the employee opposes the medical and organizational measures ordered by the competent authorities

b) the employee caused the accident or illness that led to the inability to work through gross negligence

5. If a third party is liable for compensation towards the employee for the illness or accident, the claim of the injured party transfers to the canton up to the amount of the provided benefits. The employee must cooperate in the assertion of the claim.

1. Female employees are entitled to four months of paid leave during pregnancy and maternity, provided that the employment relationship has lasted for at least nine months prior to delivery. If the employment relationship has lasted for less than nine months, there is an entitlement to two months of salary payment and benefits to the extent of maternity compensation according to the EO (Swiss Earnings Compensation Act). The calculation of benefits is determined according to § 43 or the EO. The employer advances the daily allowance benefits of the EO, which are then assigned to the employer.

1bis. In the event of hospitalization of the newborn, maternity leave is extended by the prolonged duration of the maternity compensation payment according to the EO.

1ter. In the case of the death of the other parent within six months after the birth of the child, the employee is entitled to two additional weeks of leave according to § 44a. She may take this leave weekly or daily within a timeframe of six months from the day after the death.

2. The paid pregnancy or maternity leave begins two weeks before the date of delivery. The supervisor may exceptionally allow the employee to work up until the delivery. Hospitals and the Department of Education for teachers determine the start of paid pregnancy or maternity leave according to their own authority.

3. Days off that fall within the period of pregnancy or maternity leave cannot be claimed retrospectively.

4. The employment relationship may be terminated by the employee in compliance with the standard notice period to the end of the paid leave.

5. If work is resumed before the end of the paid pregnancy or maternity leave, the entitlement to continued salary payment according to paragraph 1 ceases from that point onward. Short, voluntary paid assignments in the interest of the employer are exempt from this provision.

1. Right to a Paid Vacation of Two Weeks (10 Working Days) Have

a) The employee who is the legal other parent of a child at the time of birth.

b) The employee who is the legal father of a child at the time of birth or becomes so within the following six months.

2. The vacation of the other parent must be taken within six months after the birth of the child, during which period this time limit is suspended during any leave according to § 44a para. 3bis. It can be taken on a weekly or daily basis. Unused vacation of the other parent lapses without compensation.

3. If possible, the vacation of the other parent should be taken before the termination of the employment relationship. There will be no extension of the employment relationship for unused vacation days and no vacation days will be paid out.

4. Daily allowance benefits from the EO (income compensation) accrue to the employer.

3bis

a) If the mother dies on the day of childbirth or during maternity leave, the legal other parent is entitled to an additional vacation of four months. This vacation must be taken on consecutive days starting the day after the death.

b) The legal other parent is entitled to the vacation according to letter a if the child's relationship is established on the day of death or within the following 14 weeks.

c) In the event of the newborn's hospitalization, the additional vacation of four months according to letter a is extended by the duration of the hospitalization, but by no more than eight weeks.

1. If the employee is entitled to a caregiving compensation under Articles 16i-16m EOG because his or her child is seriously affected health-wise due to illness or accident, he or she is entitled to a paid caregiving leave of up to 14 weeks.

2. The caregiving leave must be taken within a reference period of 18 months. The reference period begins on the day for which the first daily allowance is claimed.

3. If both parents are employed, each parent is entitled to a caregiving leave of up to seven weeks. They can choose a different division of the leave.

4. The leave can be taken in one block or on a daily basis.

5. The employer must be informed immediately about the modalities of taking the leave as well as any changes.

6. The daily allowance benefits of the EO are to be allocated to the employer.

1. Any person who receives an adoption compensation according to Articles 16t-16x of the Income Compensation Act (EOG) is entitled, analogous to the EOG, to a paid leave of up to two weeks (ten working days).

2. This leave must be taken within one year of the child's adoption, either on a weekly or daily basis.

3. In the case of a joint adoption, only one entitlement arises. If the parents split the adoption leave, each parent is entitled to salary payment during their respective leave.

4. Daily allowance benefits from the Income Compensation Act (EO) accrue to the employer.

1. During compulsory military service, the full salary shall be paid. Section 46 remains reserved.

2. Compulsory military service is defined as any service which the employee may be required to perform under federal law, including leadership courses and promotion services. Equivalent to military service are civil service, civil protection service, and fire service.

3. Female employees who serve in the army, the Red Cross service, or civil protection service also have the right to receive full salary.

4. For equivalent services in the public interest, particularly in rescue or assistance services (civil protection), even abroad, the above provisions may be applied mutatis mutandis.

5. Compensation for loss of earnings is payable to the employer up to the amount of the salary paid.

1. Salary portions provided during the recruit school, civil service, and during the promotion services are only granted if the employee commits in writing to remain in the current employment relationship for at least twice the duration of the military service rendered. If the employee exits the state service prematurely, the salary must be reimbursed proportionately. The employer is entitled to offset any remaining salary claim against the salary credit.

2. For voluntary services (military service, civil protection, J+S courses, extracurricular youth work, Federal Young Shooters Course, etc.), the competent department or the State Chancellery, in agreement with the Personnel Office, the courts as well as the institutions, may grant up to ten days of paid leave and beyond that unpaid leave per year. In the case of unpaid leave, the person on leave receives full loss of earnings compensation.

3. Employees are obliged to report the duration and type of the upcoming military, civil, or civil protection service to their superior early on. The superior is responsible for ensuring that the notification card for the compensation for loss of earnings is forwarded to the competent billing office.

1. The Department of Finance enters into a contract with a recognized insurer to implement the compulsory accident insurance for employees, provided that the insurance is not subject to the Swiss Accident Insurance Fund.

2. It may enter into or offer supplementary insurances.

3. Employees contribute half of the premiums for non-occupational accident insurance according to the lowest rate of the insurers used.

4. Special provisions remain reserved in healthcare institutions with the consent of the government council.

1. Supervisors at all levels, as well as employees, are responsible for professional development.

2. The Personnel Office and the institutions regularly publish professional development opportunities.

3. If the professional development is in the interest of the employer, the employee is entitled to appropriate leave and full or partial reimbursement of costs. The extent of cost participation (course and travel expenses, accommodation, and meal costs) depends on the employer’s interest in the employee’s professional development. The following levels of interest must be differentiated

a) Level of Interest 1: Professional development primarily in the employer’s interest

b) Level of Interest 2: Professional development in the mutual interest of the employer and the employee

c) Level of Interest 3: Professional development primarily or exclusively in the private interest of the employee

4. Attendance at external professional development events during working hours must be approved by the responsible supervisor.

1. The assumption of costs is calculated according to the following scheme

Costs | Level of Interest 1 | Level of Interest 2 | Level of Interest 3

--- | --- | --- | ---

Course and travel expenses, accommodation and meal costs | Up to 100% | Up to 50% | -

Salary payment | Up to 100% | Up to 100% | unpaid leave

2. The extent of cost participation is determined by the department in agreement with the personnel service.

3. Insofar as a reimbursement is applicable and unless otherwise regulated, payments may only occur after the head of the department has concluded a written agreement with the employee in agreement with the personnel service. This agreement contains details of the training or leave as well as any potential reimbursement.

1. If the employer's contribution to the costs of further training (course and travel expenses, costs for accommodation and meals) exceeds CHF 4,000.00 or if salary and employer contributions to social insurance, including the pension fund, are paid during the leave, the employee is obliged to repay under the following conditions.

2. The obligation to repay arises if the employee leaves state service on their own initiative within two years after the completion of the training or the leave. The repayable amount corresponds to the employer's contributions and is proportionally reduced according to the duration of service remaining within the two-year period. There is no obligation to repay if the employee leaves state service after failing a further training course with a formal conclusion that was predominantly in the employer's interest. Paragraph 3 remains reserved.

3. The employer may reclaim the costs already incurred and still to arise if the employee discontinues the further training without valid reasons, does not sit for examinations, or fails a training course with a formal completion because reasonable efforts were not made.

4. The two-year period according to paragraph 2 may be exceptionally extended. The extension must be included in the written agreement.

5. Particular regulations of the executive council as well as the health institutions, with the consent of the head of the department, remain reserved.

1. This regulation and the additional implementing provisions of the Personnel Act of May 3, 2004, apply to the employment relationships existing at the time of its entry into force, insofar as they have not already been terminated under the old law or where otherwise stipulated.

1. This regulation shall enter into force on January 1, 2005.

2. All provisions contrary to it are hereby repealed.

3. It specifically replaces the regulation of the same wording dated February 24, 1987.

4. Editorially differing personnel regulations and designations in other decrees are to be interpreted in accordance with the new law until a possible amendment in the sense of the new law.

5. This regulation is to be published in the official gazette and included in the cantonal collection of laws.