State Employees Regulation (RDSt) (RDST)

1 This regulation applies to all employees of the Canton subject to the Law on the Organisation of State Employees and Teachers of March 15, 1995 (LORD) and remunerated according to the Law on Salaries of State Employees and Teachers of January 23, 2017 (LStip).

2 Provisions concerning individual categories of employees contained in special legislation are reserved.

3 The following provisions apply by analogy and within the limits of sectoral norms also to municipal teachers.

4 For specialized school operators, unless otherwise indicated in this regulation, the provisions for teachers shall apply.

1 Central services for personnel management under this regulation are

a) for employees according to Art. 1 para. 1 lit. a) LORD: the Human Resources Section of the Department of Finance and Economy;

b) for cantonal teachers according to Art. 1 para. 1 lit. b) LORD: the Administrative Section of the Department of Education, Culture and Sport;

c) for employees of the Institute of Social Insurance (hereinafter ISI): its respective management.

2 The central services are responsible for formulating proposals relating to general personnel policy, providing advice and support to executive officials, and generally overseeing the application of norms.

3 In the event of non-compliance with personnel law norms by executive officials, the central services are empowered to report this to the respective superior executive official.

4 The Municipal Schools Section [3] of the Department of Education, Culture and Sport, within the scope of managing municipal teaching staff, plays a coordinating and advisory role according to specific laws.

[3] Name of the administrative unit officially adapted on 21.12.2019; in force since 1.1.2018 - BU 2017, 462.

1. A **senior official** is the head of one or more administrative units as provided for by the organizational charts of the departments, permanent Magistrature, and the Presidential Office of the Grand Council. These functions are listed in the regulation concerning the functions and classifications of state employees.

2. Every employee has their own senior official. The State Councillor directly exercises this function towards Division Directors, Secretaries-General, and other employees directly subordinate to them, with the power to delegate.

3. In the absence of a pre-designated substitute, it is the responsibility of the superior senior official to ensure the continuous exercise of the managerial function within each unit.

4. The senior official is responsible for the management of assigned personnel. Central services intervene subsidiarily.

5. The senior official is granted the authority to verbally or in writing reprimand their collaborators in cases of minor non-compliance.

1 The central services shall ensure the publication of calls for applications in the Official Gazette or internally; they shall collect and submit all relevant documents to the appointing authority.

2 The call for applications shall specify the position with its associated duties, the main minimum requirements derived from the analytical evaluation of the positions, and the conditions of employment. [4]

3 The positions are listed in the regulation concerning the positions and classifications of State employees.

4 Each position advertised shall be designated in both masculine and feminine forms.

5 The following are not subject to public competition publication

a) promotions for internal career positions within individual administrative units;

b) internal transfers to an equivalent position;

c) specific cases where the appointing authority decides to waive public competition;

d) a quota of at least 1/6 of apprenticeship positions, dedicated to young people with training difficulties, to be identified by the central services in collaboration with the Division of Vocational Education and Training or the Division of Schools. [5]

[4] Para. amended by R 2.12.2020; in force since 4.12.2020 - BU 2020, 377.

[5] Subpara. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

1 The ranking for the transition from a temporary assignment to permanent appointment of cantonal teachers is drawn up based on the evaluation of the teacher's activity.

2 In the event of an equal result in the ranking for cantonal teachers, seniority of service shall, as a rule, be decisive.

3 The appointment of municipal teachers takes place in accordance with the hiring procedure.

4 For teachers of foreign nationality, the authorization referred to in Art. 4 LORD must be requested only for candidates who are citizens of countries not adhering to the European Union or the European Free Trade Association.

5 In the case of qualifications not obtained in Ticino, the authorization referred to in Art. 4 LORD is subject to a good knowledge of the Italian language.

1 The competition announcement defines the conditions for participation and recruitment, the methods for submitting applications, and the required documents.

2 When the announcement stipulates the submission of applications in electronic form, they must be submitted through the dedicated IT system.

3 Self-certifications requested by the central personnel services must be signed in original; they can be transmitted by the candidate, in electronic form, as a scan or image.

4 The central services may at any time request the submission of original documents, which in such case will be returned to the applicant.

1 The functions of Scientific Collaborator I, Legal Advisor I, Legal Editor I, Economist I, Psychologist I, Forensic Scientist I, and Expert Organizer I can only be assigned to candidates holding complete academic qualifications: university license, bachelor's degree, consecutive master's degree, or university of applied sciences degree (Bachelor + Master 270/300 ECTS credits).

2 The functions of Technical Collaborator, Scientific Collaborator II, Economist II, Psychologist II, and Expert Organizer II can only be assigned to candidates holding at least a bachelor's degree or an associate's degree. [6]

[6] Art. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

In cases where elements regarding candidates' state of health may entail critical issues in relation to the exercise of the function, the Personnel Medical Service provides a preliminary opinion on suitability to the attention of the appointing authority.

1 The letter of appointment or assignment indicates the function, the class with the corresponding salary increases, the relevant accounting entry, and the degree of employment.

2 It also specifies the initial location and service allocation, any obligations and particular conditions relating to the function, as well as whether the function is performed in job sharing.

3 For assignments, the duration of the assignment is also indicated.

1. **Service Location**

Service location means the place where the employee regularly performs their duties.

2. A civil domicile different from the service location does not confer any right to timetable facilitations, indemnities, or other benefits.

3. Employees may have multiple service locations depending on where they perform their duties; this does not confer any right to timetable facilitations, indemnities, or other benefits.

4. For teaching staff, the service location is where they perform the majority of their working hours.

5. The modification of the service location falls under the competence of the executive officer of the relevant administrative unit; notification of a change in service location must be given with a notice period corresponding at least to the termination period.

1 The managing officer is responsible for preparing the job description.

2 The job description is a supplementary document to the appointment or assignment act and must be presented by the managing officer to the employee within one month of starting service. The job description must be transmitted, signed by both parties, to the central services.

3 For teaching staff, the job description takes into account Article 78 of the LORD.

4 The job description must be promptly updated to reflect changes in the duties required by the position. The procedure is analogous to that defined in paragraph 2.

5 The job description is also an integral part of the documentation required for the publication request of the competition announcement.

1. An employee occupying a part-time position must subject themselves to the requirement of presence according to service needs.

2. Job sharing consists of the complementary and consensual division of the same job position.

3. In this case, the distribution of work activities, as well as the alternative presence at the workplace, is agreed upon between the employees who divide the tasks and is subject to the approval of the responsible executive officer.

4. Any lasting and significant change to presence schedules must be communicated by the responsible executive officer with prior notice corresponding at least to the notice period for termination.

1 Disabled individuals or those with social challenges who can be professionally integrated into the Cantonal Administration, but who do not meet or do not fully meet the requirements of a position, are hired under an indefinite-term employment contract based on the Regulations on State Auxiliary Personnel of September 23, 2020 (RPASt). [7]

2 State employees who, after the probationary period, become disabled individuals or individuals with social challenges must be maintained in the same position or reintegrated into another position, to the extent that this is reasonably justifiable, also thanks to the measures referred to in Art. 5a LORD; if they do not meet or do not fully meet the requirements of the position, their employment relationship is converted into an auxiliary contract as per paragraph 1.

3 The quota of individuals referred to in paragraphs 1 and 2 should aim for 3% of the total personnel.

4 Salary expenses for this category of employees are managed separately based on a multi-year plan aimed at achieving the objective referred to in paragraph 3. Salaries are defined taking into consideration ordinary salary scales, the actual productivity of the disabled individual or individual with social challenges, as well as individual situations concerning income received from social insurances.

[7] Par. amended by R 24.9.2025; in force from 26.9.2025 - BU 2025, 201.

1. **Internal Mobility** refers to the transfer to another administrative unit or judicial authority, maintaining the same function and classification; this can occur through an internal competition or a mutually agreed transfer between the parties.

2. For transfers within the same administrative unit, the respective executive officer is competent; between units within the same division, the Division Director is competent; between sections directly subordinate to the Department Director, the Department Director or the Secretary General is competent; between divisions, the Department Director is competent; between departments, the Council of State is competent; between permanent Magistracies, the Administrative Commission for the Court of Appeal, the Attorney General, the President of the Cantonal Expropriation Court, the President of the Criminal Court, the President of the Judges of Coercive Measures, the Justices of the Peace (Pretori) with the exception of the Lugano Justice of the Peace Court, the President of the Lugano Justice of the Peace Court, and the Juvenile Magistrate are competent.

1 For periods of employee absence shorter than 90 days, no replacement is granted.

2 For longer periods, replacement may be granted by the Human Resources Section, upon a reasoned request with prior notice from the respective Division Director, the Secretary General, and the IAS Directorate for its own administrative unit.

3 Derogations from paragraph 1 are decided on a case-by-case basis by the Human Resources Section, after consulting the respective Division Director and Secretary General; by the IAS Directorate for its own administrative unit; and, for permanent Magistracies, by the Administrative Commission for the Court of Appeal, by the Attorney General, by the President of the Cantonal Expropriation Court, by the President of the Criminal Court, by the President of the Judges of Coercive Measures, by the Justices of the Peace with the exception of the Justice of the Peace of Lugano, by the President of the Justice of the Peace of Lugano, by the Juvenile Magistrate.

[8] 1 The head of area and/or the heads of service of the Administrative Management Area of the Human Resources Section, the legal service of the DECS for cantonal teachers, the municipal secretary or – where present – the head of human resources of the municipality, the Secretary General of the Court of Appeal, the Secretary General of the Public Prosecutor's Office, the President of the Cantonal Expropriation Court, the President of the Criminal Court, the President of the Office of the Judge for Coercive Measures, the President of the Lugano Magistrates' Court, the Magistrates of the districts, and the Juvenile Magistrate are assigned the role of documentation management officers. [9]

2 The documentation management officers shall ensure, in particular, autonomy, impartiality, and confidentiality.

3 In the event of the death or disappearance of a public employee, the leading official or their substitute shall inform the Human Resources Section. The latter shall involve the documentation management officer referred to in subsection 1.

4 The documentation management officers shall arrange for the securing of

a) the employee's electronic workstation, through the Information Systems Centre;

b) the employee's office or workstation, through the leading official or their substitute.

5 Upon obtaining access credentials from the Information Systems Centre, the documentation management officers, jointly with the leading official or their substitute, shall access the office and the electronic workstation in question and classify the documentation into the following categories

a) official documents belonging to the administrative unit;

b) personal and private documents.

6 Documents relating to the fulfilment of public duties shall be made available to the administrative unit.

7 Personal or private documents shall be preserved according to the known or presumed wishes of the employee. In cases where such wishes are not known or presumed, the documents shall be kept by the documentation management officers, in hard copy or electronic form. Preservation shall be guaranteed for a duration of 10 years from the time of the employee's death or disappearance, in compliance with data protection and security. Subsequently, the data shall be destroyed, unless an access request is pending in accordance with subsection 8, or a civil, criminal, or administrative procedure.

8 In the event of a request for access by third parties to personal and private documents, the documentation management officers shall act upon it if an interest exists and preponderant interests of the deceased employee's relatives or third parties do not oppose it. Interest is presumed in the case of close kinship or marriage respectively registered domestic partnership with the deceased person.

[8] Article introduced by R 21.12.2022; in force since 1.1.2023 – BU 2022, 328.

[9] Subsection amended by R 9.7.2025; in force since 1.8.2025 – BU 2025, 148.

1 The authorization and revocation for the exercise of an ancillary occupation are the responsibility of the Division Director or the Secretary General, after consulting the respective executive officer, or, in their absence, by the appointing authority.

2 The authorization must be transmitted to the central services.

1 For cantonal teachers, the authorization and revocation for engaging in an accessory occupation are the responsibility of the central service, after consulting the School Directors for teachers, or the group leaders for support teachers, and in both cases, the direct supervisor.

2 For municipal teachers, the authorization and revocation are the responsibility of the appointing authority, after consulting the School Directors.

1 Public office should be exercised, where possible, during leisure time; in this case, it does not entitle the holder to any compensation or time off in lieu.

2 Candidacy for a public office that may involve a particular commitment during working hours, especially that of municipal councilor, must be preventively communicated to the supervising official, who will issue an opinion.

3 Authorization and revocation for the exercise of a public office, once elected, fall within the competence of the Division Director or the Secretary General in the case of direct subordination of Sections to the Department Director, after consulting the respective supervising official, or, in their absence, the appointing authority.

4 The authorization must be forwarded to the central services.

5 For municipal teachers, authorization is within the competence of the appointing authority, after consulting the School Directors or the school inspectorates.

1 In the event of compulsory military service, compulsory civil defense service, or Swiss substitute civilian service, the employee must notify the executive officer as soon as they become aware of the call-up, producing the mobilization order upon request.

2 For absences due to paid leave for which loss of earnings compensation is provided, the employee is required to submit the IPG form to the Salaries and Insurance Office within 15 days of the end of the commanded service.

Acceptance of Gifts or Invitations [10]

[10] Marginal note amended by R 24.9.2025; in force from 26.9.2025 - BU 2025, 201.

1 Employees shall decline gifts, monetary benefits, or invitations liable to compromise their independence or capacity to act.

2 Employees are permitted to accept small gifts or other monetary benefits that fall within social customs and whose value does not exceed CHF 100.–. [11]

3 Employees participating in a procurement or decision-making process are prohibited from accepting even small gifts, other benefits, or invitations if

a) they are offered by an actual or potential tenderer or by a person participating in or affected by the decision-making process;

b) a connection between the gift, benefit, or invitation and the procurement or decision-making process cannot be excluded.

4 In case of doubt, employees shall ascertain the admissibility of accepting gifts or benefits with their direct superior.

5 Employees shall decline invitations liable to compromise their independence or capacity to act. Invitations from abroad must be declined, unless written authorization is obtained from the respective direct superior at least at the level of Division Director, Secretary-General, or, in their absence, from the appointing authority.

6 Employees participating in a procurement or decision-making process are prohibited from accepting invitations if

a) they are offered by an actual or potential tenderer or by a person participating in or affected by the decision-making process;

b) a connection between the invitation and the procurement or decision-making process cannot be excluded.

7 In case of doubt, employees shall ascertain the admissibility of accepting invitations with their direct superior.

[11] Para. amended by R 28.6.2022; in force since 1.7.2022 - BU 2022, 178.

1 All employees are required to notify and document with central services any facts relevant to their employment and remuneration relationship, such as, in particular, changes in their family status, domicile, or address.

2 Beneficiaries of allowances defined by laws or regulations are required to immediately notify the Salaries and Insurance Office of any facts liable to establish, modify, or terminate their right to receive such allowances. Allowances unduly received shall be offset against their salary, without prejudice to any disciplinary sanctions.

3 Beneficiaries of allowances who fail to provide notification lose their right to reimbursement after six months from the end of the month in which the event occurred.

1 Smoking is prohibited within the Cantonal Administration and permanent Magistracies, as well as in state vehicles.

2 Smoking is permitted only in designated smoking areas, which are physically separated from the rest of the environment, duly marked, and adequately ventilated.

1. Managing officials are responsible for monitoring the attendance/absence of their collaborators.

2. Employees must request authorization from their managing official for all foreseeable absences, such as leave, time off in lieu, personal matters, and for service reasons (missions).

3. For teachers in cantonal schools, in the event of an absence for personal matters authorized by the respective managing official, no reduction will be made to their salary for absences up to a maximum of three days, provided that the lost teaching hours are recuperated during the school year.

4. For cantonal teachers, the school administration communicates to the Administrative Section when and how the lost hours have been recuperated.

1 The Staff Doctor, as well as the corresponding IAS service for its administrative unit

a) authorize exceptions to the prohibitions prescribed in Art. 26 para. 1 lit. b);

b) authorize physiotherapy and other medical treatments recognized by basic health insurance (LAMal) in advance; the request must be submitted with the necessary medical documentation at least 15 days before their commencement;

c) decide, following a written request and the submission of a medical certificate from the first day of the impairment, the recovery of holidays or bonus leaves significantly disrupted by the employee's illness or accident, provided that this caused early return home due to health problems or hospitalization; for teachers, recovery is limited to bonus leaves;

d) may request the employee to submit, through their treating physician, a detailed medical certificate or other medical documentation specifying the work incapacity;

e) independently carry out medical check-ups or arrange for their execution in agreement with the central human resources services;

f) assess whether an absence due to illness is justified; otherwise, they inform the managing officer and the central service.

2 The employee may be required to undergo medical examinations to assess their work ability.

3 The State Council may designate trusted doctors to support the Staff Doctor.

1. Programmable absences for medical visits, physiotherapy, and similar appointments must take into account service needs.

2. Part-time employees must, as a rule, schedule these absences during their free time.

1 In case of illness or accident, the employee

a) must immediately notify and keep the responsible officer informed;

b) may not leave their home or healthcare institution between 10:00 PM and 07:00 AM if the incapacity for work is 100%;

c) may take holidays during a period of incapacity for work due to illness and/or accident (total or partial), using their own vacation or bonus days, as well as through time off in lieu, overtime, or monthly surpluses, subject to authorization from the treating physician and, in accident cases, also from the UVG insurer. A medical certificate must be submitted to the Staff Medical Office, attesting that the holiday does not compromise recovery and/or the state of health, complete with departure and return dates. The holiday interrupts the counting of sick leave and/or accident days, and therefore days of absence for the holiday period are counted as full days (whether vacation or bonus days, or time off in lieu or monthly surpluses) even in cases of partial incapacity for work. For teachers, the term holiday means seniority bonus; [12]

d) must, if the absence exceeds three consecutive days (including holidays), present a certificate of incapacity for work on an official form drawn up by a doctor authorized to practice in Switzerland. Employees and teachers must submit the official form to the Staff Medical Service within one week of the start of the absence.

2 The first medical certificate of incapacity for work is valid for a maximum of 15 days (including holidays); further medical certificates related to the same event are valid for a maximum of 30 days (including holidays) and must be submitted before the expiry of the preceding medical certificate.

3 The responsible officer must regularly maintain, and document, contact with the absent employee.

4 The responsible officer or the central HR services may request the medical certificate of incapacity for work from the first day of absence when absences of less than three days occur frequently.

5 The central HR services may, independently or at the request of responsible officers, carry out direct checks on absences.

[12] Letter amended by R 2.12.2020; in force from 4.12.2020 - BU 2020, 377.

1. Absences made without authorization or justification are considered arbitrary.

2. The competence to establish an arbitrary absence rests with the supervising officer.

3. The employee must be heard.

4. Arbitrary absences are deducted from the salary of the month following their ascertainment.

5. Disciplinary proceedings remain reserved.

1 For employees, the date and duration of holidays, within the limits provided for by art. 41 LORD, must be pre-authorised by the executive officer, taking into account service requirements and the wishes of the interested party.

2 Holidays cannot be compensated in monetary terms, except in cases of termination of the employment relationship where, due to service requirements, accrued and not yet extinguished holidays could not be taken. [13]

3 The reduction of holidays in the cases provided for by art. 43 LORD occurs, to the extent that there is no fault of the employee, against the entitlement of the year in which the event causing the reduction occurred. In the event that the employee, through their own fault or negligence, has exceeded the limit of days of holiday entitlement provided for by art. 41 LORD, compensation occurs within the following year with a corresponding reduction of the new entitlement. [14]

4 … [15]

5 In the event of suspension from duty, the employee does not accrue the right to holidays.

[13] Para. amended by R 2.12.2020; in force since 4.12.2020 - BU 2020, 377.

[14] Para. amended by R 2.12.2020; in force since 4.12.2020 - BU 2020, 377.

[15] Para. repealed by R 2.12.2020; in force since 4.12.2020 - BU 2020, 377.

1 The termination of a teacher's employment relationship generally coincides with the end of the school year.

2 In the event of termination during the school year, the teacher's right to payment for untaken holidays is granted, up to a maximum of four weeks, only if it occurs

a) during the first year of employment;

b) from April to June in subsequent years.

3 The provisions of Art. 79b LORD apply to specialized school operators. Recalling Art. 59 para. 4 LORD, the employment relationship generally terminates on July 31st. In the calculation of the salary, the reimbursement for holidays accrued up to August 15th is included [16].

[16] Para. amended by R 5.6.2024; in force from 1.6.2024 - BU 2024, 137.

1 Total or partial leave, paid or unpaid, must be taken within the maximum periods provided by law or by these regulations.

2 Delay in submitting the application may be considered for the denial or postponement of authorization.

3 A copy of the decisions must be promptly sent to the central human resources services and to the Office of Salaries and Insurances.

4 The granting [of leave] is subject to service requirements.

5 Any unpaid leave pursuant to Article 47 para. 3 LORD begins to run from the end of maternity leave. The postponement of such leave is granted for the consumption of accrued rights, which would lapse during the leave. [17]

6 The employee may benefit from a total unpaid leave of a maximum of three years over the entire employment relationship or, exceptionally with prior authorization from central services, the equivalent for a maximum of 6 years if the leave is taken partially.

7 The right to unpaid leave is proportionate to the employee's degree of employment at the time of the relevant decision.

[17] Para. amended by R 27.1.2021; in force since 29.1.2021 - BU 2021, 62.

1 The right to paid leave is proportionate to the degree of employment at the time the event begins.

2 Requests for leave as per Art. 46 para. 1 letters a), b), c), d) LORD must be submitted with reasonable advance notice to one's own managing officer, accompanied by the relevant attestation.

3 For employees, paid leave is decided by the central service upon prior consultation with the managing officers, or, for permanent Magistrates, by the Administrative Commission for the Court of Appeal, by the Attorney General, by the President of the Cantonal Expropriation Court, by the President of the Criminal Court, by the President of the Judges of Coercive Measures, by the Praetors with the exception of the Praetorship of Lugano, by the President of the Praetorship of Lugano, by the Juvenile Magistrate.

4 For cantonal teachers, leave under Art. 47 and 48 LORD is decided by the central service upon prior consultation with the Director of the school institute at the place of service, or for support teachers upon prior consultation with the team leader, and the direct superior, while leave under Art. 46 LORD is decided by the Director of the school institute at the place of service or for support teachers by the team leader.

5 For municipal teachers, leave under Art. 46, 47 and 48 LORD is decided by the appointing authority upon prior consultation with the School Director or the School Inspectorate.

6 Justified absences for paid leave as per Art. 46 para. 1 letters e), f), f bis ), g), h), i bis ), l), m), n), 47 and 48 LORD must be communicated promptly to one's own managing officer or to the Director of the school institute. [18]

7 For employees, leave as per Art. 46 para. 1 letters a), b), c), d), f), f bis ), g), h), m) LORD can also be taken in hours, while leave as per Art. 46 para. 1 letter i bis LORD (leave for the care of a child with serious health problems due to illness or injury) can only be taken in consecutive days or single days. [19]

8 For teachers, leave as per Art. 46 para. 1 letters a), b), c), d), f), f bis ), g), h), m) LORD can only be taken in consecutive days, single days or half-days, while leave as per Art. 46 para. 1 letter i bis LORD (leave for the care of a child with serious health problems due to illness or injury) can only be taken in consecutive days or single days. [20]

[18] Para. amended by R 27.4.2022; in force since 1.7.2021 - BU 2022, 111.

[19] Para. introduced by R 27.4.2022; in force since 1.7.2021 - BU 2022, 111.

[20] Para. introduced by R 27.4.2022; in force since 1.7.2021 - BU 2022, 111.

1 For employees, recognized leave for union business or training is granted as follows

a) for committee members up to 12 days per year;

b) for ordinary members up to 5 days per year.

2 For teaching staff, recognized leave for union business or training is granted as follows

a) for committee members: up to 12 days per year if there is no accumulation of leave days. If there is an accumulation of leave days, up to a maximum of 20% of a full-time unit annually attributable to one person per union; the percentage is determined based on the number of cantonal and municipal teaching staff members active on March 1st of the year preceding the school year for which the leave is requested;

b) for ordinary members up to 2 days per year.

1 Social volunteering is understood as

a) services for individuals residing in nursing homes, hospitals, homes for the elderly, or services for individuals receiving home care and within the scope of the related home care organization;

b) services for individuals with physical or mental disabilities;

c) services in the context of disaster relief, accident response, or emergency intervention;

d) transports for humanitarian purposes;

e) services for the education and animation of youth activities pursuant to the Law on the Promotion of Childhood and Youth Activities of June 12, 2025 (LGioCo). [21]

2 The services indicated in paragraph 1 are understood as unremunerated by the entity or association responsible for organizing the volunteering.

Paid leave for elite athletes

[21] Sub-paragraph amended by R 11.2.2026; in force since 1.3.2026 - BU 2026, 46.

Holders of the Swiss Olympic Card are eligible to benefit from leave for elite athlete activities.

1 For employees, the paid leaves referred to in Art. 46 para. 1 lit. e), g) and h) LORD must be taken within 30 days of the event. The paid leave referred to in Art. 46 para. 1 lit. l) LORD (paternity leave) must be taken, in weeks or days, within six months of the event. [22]

2 For teaching staff, the paid leaves referred to in Art. 46 para. 1 lit. e), g), h) and l) LORD are generally taken immediately. If service requirements do not object, and subject to prior authorization from the central service, the paid leaves referred to in Art. 46 para. 1 lit. e), g), h) and l) LORD may be taken subsequently, in any case within 30 days of the event for the paid leaves referred to in Art. 46 para. 1 lit. e), g), h), and within 6 months of the event for the paid leave referred to in Art. 46 para. 1 lit. l) (paternity leave). [23]

3 For teaching staff, the right to recovery lapses if the event occurs during school holidays and the days of entitlement are exhausted within the same period. If the days of entitlement are not exhausted, the remaining days extend the school holidays.

[22] Para. amended by R 26.5.2021; in force since 1.1.2021 - BU 2021, 176.

[23] Para. amended by R 26.5.2021; in force since 1.1.2021 - BU 2021, 176.

[24] 1 For the purposes of serious illness within the meaning of Art. 46 para. 1 lit. f LORD (leave for serious family illness), this refers to a serious medical condition with imminent danger to life, such as hospitalization in an intensive care unit, a high-risk operation, or a terminal phase of a serious illness. A chronic illness does not constitute a serious illness, with the exception of an acute and severe worsening of the clinical condition such as to place the patient in imminent danger of life.

2 For the purposes of health problems within the meaning of Art. 46 para. 1 lit. f bis LORD (care leave), this refers to health problems that do not fall under serious illness, such as injury, non-serious illness within the meaning of para. 1, disability.

3 For the purposes of family member within the meaning of Art. 46 para. 1 lit. f bis LORD, this refers to the spouse, registered partner, children, parents, siblings, parents-in-law, or a partner who has been living with the employee in the same household continuously for at least five years. For children, this refers to those with whom a parent-child relationship is established under civil law.

4 The family member within the meaning of Art. 46 para. 1 lit. f bis LORD must require assistance, meaning they are not self-sufficient and depend on the help of third parties.

5 Anyone requesting to benefit from leave under Art. 46 para. 1 lit. f bis LORD (care leave) for the time necessary to assist a family member over 15 years of age or a partner with health problems must prove that assistance in the specific case cannot be provided by other family members or third parties. The fact that another person is entitled to leave does not in itself exclude the right to the leave.

6 The serious illness referred to in Art. 46 para. 1 lit. f LORD, the health problems, and the need for assistance referred to in Art. 46 para. 1 lit. f bis LORD must be proven by a medical certificate issued on an official form.

[24] Art. introduced by R 27.4.2022; in force since 1.7.2021 - BU 2022, 111.

Paid leave under Art. 46 para. 1 lit. m) and n) LORD are not deferrable.

1. Employees working shifts are entitled to at least 102 days of leave per year, including public holidays as provided for by the law concerning official public holidays in the Canton of Ticino.

2. Individual administrative units shall autonomously regulate the compensation of annual leave, provided that the employee generally enjoys 8.5 actual days of leave per month, evenly distributed.

3. An employee who commences or terminates service during the year is entitled to a number of annual leave days proportional to the duration of service rendered.

4. The right to leave expires on August 31st of the following year.

5. Leave days shall be reduced proportionally by one day for every four days of absence.

For unpaid leave requested for professional development, advanced training, and requalification, the provisions of the specific regulation apply.

1 For employees, the granting of unpaid leave that is not of right is decided by the chief officer.

2 For unpaid leave exceeding 3 consecutive months, the decision rests with the Director of the respective division or the Secretary General, respectively, for the Permanent Magistracies, the Administrative Commission for the Court of Appeal, the Attorney General, the President of the Cantonal Expropriation Court, the President of the Criminal Court, the President of the Judges of Coercive Measures, the Justices of the Peace with the exception of the Justice of the Peace of Lugano, the President of the Justice of the Peace of Lugano, the Juvenile Magistrate.

3 A request for unpaid leave must be submitted to the chief officer at least 2 months before the start of the leave.

1 For cantonal teachers, the granting of unpaid leave is decided by the Director of the school institute at the place of service or, for support teachers, by the team leader.

2 For leave exceeding three consecutive months, the granting falls within the competence of the Administrative Section, after consulting the Director of the school institute at the place of service, or the team leader for support teachers, and the direct superiors.

3 For municipal teachers, the granting of unpaid leave is decided by the appointing authority, after consulting the Director or the School Inspectorate.

4 For teachers who intend to take unpaid leave exceeding 3 months, the request must be submitted by March 31st of the school year preceding the leave.

1 Preliminary information in disciplinary matters is collected by the senior official; central services may provide assistance or take over, if requested, in the execution.

2 When the facts are evident or admitted from the preliminary information and the employee's rights referred to in Art. 36 para. 2 LORD have been respected, the decision on disciplinary sanction falling within the competence of the senior official, the Division Director, or the Secretaries General is rendered without formal opening of an inquiry and with summary reasoning. More formal investigations and substantiated reasoning at the appeal stage are reserved.

3 The employee questioned for preliminary information may request that a formal inquiry be opened against them.

4 When, from the preliminary information, the case appears to be of a gravity exceeding the adequacy of the sanctions delegated under Art. 42 of these regulations, the senior official, respectively the Division Director or the Secretary General, is obliged to involve the relevant central service, which requests the Appointing Authority for the formal opening of an inquiry.

5 The formal opening of an inquiry falls within the competence of the Council of State, which designates who conducts it. Delegation to external specialists remains exceptional and must be justified by overriding interests of the Administration.

6 A copy of disciplinary decisions must be transmitted to the central service and the department concerned.

1 In cases where the inquiry is not opened by the Appointing Authority, the presiding official has the authority to impose a warning.

2 The authority to impose a fine of up to CHF 500.– rests with the Division Director or the Secretary General.

3 In the event of exclusion or recusal, the authority is attributed to the next higher management level or, if applicable, exercised by the Appointing Authority.

4 Special grants of authority provided for by other provisions are reserved.

5 Disciplinary sanction decisions taken under delegated authority must in all cases respect the employee's rights as per Art. 36 para. 2 LORD.

6 A copy of disciplinary decisions must be transmitted to the central service and the department concerned.

1 The certificate of service, drawn up by the respective managing officer, is countersigned and transmitted to the employee by the central human resources department; for permanent Magistrates, the certificate is prepared by the Administrative Commission for the Court of Appeal, by the Attorney General, by the President of the Cantonal Expropriation Court, by the President of the Criminal Court, by the President of the Coercive Measures Judges, by the Praetors with the exception of the Lugano Praetorship, by the President of the Lugano Praetorship, by the Juvenile Magistrate.

2 In cases where multiple managing officers are involved in drafting the document, coordination and final drafting are ensured by the central human resources department.

3 The employee may request an interim certificate at any time.

1 The commission is composed of five members: two designated by the Council of State, two designated by the Staff Associations, and a president designated by mutual agreement.

2 The commission remains in office for four years. Its election takes place by December 31st of the year in which the Council of State is elected, with effect from January 1st of the following year.

3 The president convenes the conciliation hearing and communicates its outcome to the Appointing Authority as soon as possible.

4 In case of failed conciliation, the hearing minutes must be immediately delivered to the parties and serve as formal communication.

1 For employees, the salary grade is proposed to the State Council by the Human Resources Section based on an analytical job evaluation tool derived from criteria such as: education, professional experience, responsibility, communication requirements, requirements in terms of problem-solving ability and autonomy, the specificity of activities, and the conditions of function exercise.

2 For cantonal teachers, the salary grade is proposed to the State Council by the Administrative Section of the DECS, taking into account education and experience in the educational and/or professional field.

3 For teachers in municipal schools, the salary grade is determined by the Municipal Schools Section. [25]

[25] Name of the administrative unit officially adapted on 21.12.2019; in force since 1.1.2018 - BU 2017, 462.

The salary is credited to a personal postal or bank account in Switzerland. The Salaries and Insurance Office, or the IAS Directorate for its respective administrative unit, may grant exceptions.

... [26]

[26] Article abrogated by R 28.5.2019; effective from 1.9.2019 - BU 2019, 193.

1 Elementary and middle school teachers are entitled to a supplement of 16 francs per hour, in addition to a free meal, for assisting students during meal times. [27]

2 Special school teachers are entitled to a supplement of 16 francs per hour, in addition to a free meal, for assisting students during meal times if the students possess sufficient autonomy, and 45 francs per hour in the opposite case. The determination of the degree of autonomy is entrusted to the competent service. [28]

3 A remuneration of 16 francs per hour may also be granted to third parties (supervisors) engaged to assist students during lunchtime breaks; for assisting students in special schools, the remuneration that may be granted is 27.50 francs per hour. [29]

[27] Para. amended by Reg. 22.8.2018; in force since 1.9.2018 - BU 2018, 330.

[28] Para. introduced by Reg. 22.8.2018; in force since 1.9.2018 - BU 2018, 330.

[29] Para. amended by Reg. 24.9.2025; in force since 26.9.2025 - BU 2025, 201; previous amendment: BU 2020, 230.

1 Salary supplements, proposed by the executive official, are evaluated and pre-advised by the Human Resources Section, the Administrative Section of the DECS, and the IAS Directorate for their respective administrative unit if the following criteria are cumulatively met

a) temporary extension of responsibilities that clearly fall outside the duties contained in the job description;

b) significant increase in the complexity of additional tasks assumed;

c) the tasks assumed do not fall within the scope of temporary substitutions referred to in Art. 26 LStip.

2 Salary supplements exclusively cover the duration of the temporary extension of responsibilities referred to in paragraph 1.

1 The right to salary is suspended or reduced during periods of suspension from office with total or partial deprivation of salary, during total or partial unpaid leave, and in cases of arbitrary absence. The right to salary is reduced or ceases in cases of absence due to illness and accident exceeding the limits established by Art. 30 LStip.

2 Public holidays and Saturdays at the beginning of the month are considered days of effective service for the employee who starts service on the working day following the public holiday.

3 For employees, salary reductions are calculated in the following manner

1 As a rule, employees with their first work experience, except for cases regulated in paras. 8 and 9 or special circumstances within the framework of Art. 9 para. 4 LStip, are placed in the reference class with zero increments; employees assigned to class 1 are an exception, being placed at the second increment. [31]

2 The appointing authority may recognize annual increments for candidates with professional experience, calculated according to the criteria indicated in the following paragraphs, subject to special circumstances under Art. 9 para. 4 LStip. [32]

3 Whole years of experience useful for the function determine the number of increments starting from the minimum salary provided for the reference class.

4 For employees, years of useful experience are counted in the following manner

– experience analogous to the function: coefficient 1;

– experience partially analogous to the function: coefficient 0.4 - 0.6 based on the assessment of the central service; subject to specific provisions of the Council of State, years of experience unrelated to the function are weighted with a coefficient 0. [33]

5 Recognized years of prior experience entitle the employee to a corresponding number of increments relative to the valid initial salary referred to in para. 8.

5bis For the functions listed below, the calculation of the number of increments based on recognized useful experience occurs in the respective function of II. Candidates who, in application of paras. 2-5, are recognized with at least 15 increments, may be immediately promoted to function I if they meet the requirements of Art. 7: [34]

Function

Class

Legal Inspector II

10

Assessor Secretary II

10

Judicial Secretary II

10

Registrar II

10

Drafting Secretary II

10

Team Leader II

9

Project Manager II

9

Sector Head II

9

Scientific Collaborator II

9

IT Consultant II

9

Cantonal Coordinator for Fire Protection II

9

Economist II

9

Legal Counsel II

9

Legal Editor II

9

Business IT Specialist II

9

Local Authority Inspector II

9

Organisational Expert II

9

Architecture Planner II

9

Logistics Planner II

9

Designer II

9

Psychologist II

9

Relationship Manager II

9

Auditor II

9

System Administrator II

9

Forensic Science Specialist II

9

6 The Human Resources Section, or the IAS Directorate for its administrative unit, based on the proposal of the senior executive, determines the proposed initial salary for employees addressed to the Appointing Authority.

7 The Council of State considers the minimum salaries of a professional category if they correspond to functions that perform strictly analogous tasks and under working conditions comparable to the context of the Cantonal Administration.

8 For the following functions, the minimum initial salary is defined according to the table below

Function

Class

Increments

Kitchen Helper

1

3

Hotel Services Staff

1

3

General Services Staff

1

3

Hospital Auxiliary

2

1

Cook

2

3

Worker

2

3

Nursing Assistant

3

3

Social Care Worker

3

3

Diet Cook

3

5

Nurse

4

5

Biomedical Analysis Technician

4

4

Social Worker I

6

5

9 The initial salary for teachers without experience is defined according to the table below: [35]

Function

Class

Increments

Special Education Social Care Worker

3

3

Collaborator for Integrated Practical Teaching

4

4

Municipal School Teacher without Refectory Duty

5

2

Municipal School Teacher

6

5

Teacher for Differentiated School Units without Academic Qualification

6

5

Language and Integration Teacher

6

5

Curricular Differentiation Operator

6

5

Educator (with diploma)

6

5

IT Lab Collaborator

7

3

Pedagogical Operator for Integration

7

3

Training Inspector without Qualification

7

3

Federal Asylum Centre Teacher

7

4

Vocational School Teacher (SP) without Qualification

7

5

Higher Technical College Teacher (SSS) without Qualification

8

4

Teacher for Differentiated School Units with Master's Degree

8

4

Vocational School Teacher (SP) with Tertiary Qualification B

8

3

Special Education Speech Therapist

8

4

Early Childhood Education Pedagogist

8

4

Psycho-pedagogist

8

4

Special Education Psychomotor Therapist

8

4

Training Inspector with Tertiary Qualification B

8

3

Municipal School Support Teacher

8

4

Speech Therapist (SI SE)

8

4

Psychomotor Therapist (SI SE)

8

4

Middle School Support Teacher (SME)

8

4

Middle School Teacher (SME)

8

4

Special School Teacher

8

4

Occupational Therapist

8

4

Municipal School Assistant

9

2

Head of SAM SSA Lab with SSS Qualification (without specific qualification)

9

2

Middle School Deputy Director (SME)

9

2

Special School Deputy Director

9

2

Instrumental Music Teacher

9

2

Training Inspector with Academic Qualification (BA or MA)

9

2

Higher Technical College Teacher (SSS) with Tertiary Qualification B

9

2

Vocational School Teacher (SP) with Academic Qualification (BA or MA)

9

2

Vocational Centre Deputy Director

10

2

Head of SAM Lab

10

2

Higher Technical College Teacher (SSS) with Academic Qualification (BA or MA)

10

3

Middle School Teacher (SMS)

10

3

Expert

10

3

Compulsory School Expert

10

3

Special School Director

11

2

Middle School Director (SME) (FD)

11

2

Vocational Centre Deputy Director with SSS

11

2

Vocational Centre Director (FD)

11

3

Middle School Deputy Director (SMS)

11

3

Vocational Centre Director with SSS (FD)

12

2

Middle School Director (SMS) (FD)

13

1

10 For cantonal teachers with experience in public or private schools in Switzerland or abroad, or in professional or business sectors related to the teaching discipline, and hired in compliance with the public call for applications, years of experience are recognized based on the following criteria

– teaching experience analogous to the subject taught: coefficient 1;

– experience in related professional or business sectors as well as teaching experience not analogous to the subject taught: coefficient 0.5. For teachers of vocational knowledge subjects without a tertiary academic qualification A, the first 5 years of experience are not counted;

experience unrelated to the teaching discipline is weighted with a coefficient 0. Periods of temporary substitution or mandate are not recognized.

Prior experience is not considered in the case of teachers hired without a pedagogical qualification as defined by the Swiss Conference of Cantonal Directors of Public Education for sectors where such a qualification is a hiring requirement, and more generally in the case of hires based on Art. 12 para. 4 LORD. Recognized years of prior experience entitle the employee to a corresponding number of increments relative to the valid initial salary for teachers without experience as per para. 9. The Council of State shall fix the details of the application of this provision by government resolution. [36]

[31] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[32] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[33] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[34] Para. amended by R 9.7.2025; in force since 1.8.2025 - BU 2025, 148; previous amendment: BU 2020, 377.

[35] Para. amended by R 19.10.2022; in force since 1.8.2023 - BU 2022, 244 and 247; previous amendments: BU 2017, 483; BU 2020, 204, 377 and 379.

[36] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

1 For teachers, the absence of a pedagogical qualification as defined by the Swiss Conference of Cantonal Ministers of Education leads to a reduction equivalent to two salary increments compared to what is indicated in Art. 51 para. 9 for sectors where the qualification is a hiring requirement.

2 Should the position stipulate a minimum salary class with fewer than two increments, the reduction referred to in para. 1 shall be applied by seeking the amount in a lower reference class.

3 The appointing authority shall set the deadline by which the teacher must acquire the necessary pedagogical qualification.

1. **Periodic Evaluation of Employees**

The periodic evaluation of employees, in accordance with Art. 21 LORD, applies solely to appointed and assigned personnel.

2. The managing official regularly assesses the quality and quantity of work performed based on predefined criteria, as well as the employee's conduct over the year, providing feedback to the latter.

3. The periodic evaluation is carried out once a year.

4. The subject of the periodic evaluation comprises the employee's performance, specifically the tasks outlined in the job description, as well as their conduct.

5. The periodic evaluation is a determining factor for decisions regarding the non-granting of the employee's annual increment and promotions as per Art. 54.

6. For teaching staff, the provisions of the School Law of February 1, 1990, concerning their evaluations apply; the evaluation report is a determining factor for decisions regarding the non-granting of the teacher's annual increment and promotions as per Art. 54.

[37] **1** Progression to a higher function may occur through competitive examination or career promotion. Progression to a higher function based on the number of increments is defined as career promotion by seniority. Progression to a higher function based on responsibilities and duties is defined as career promotion by role.

**2** Career promotions by role are proposed by the executive official in application of the provisions set out in paragraph 9; career promotions by seniority may occur

– upon proposal of the Human Resources Section for officials;

– upon proposal of the Administrative Section for teaching staff;

– upon proposal of the IAS Directorate for its administrative unit, after consulting the executive official;

– for permanent Judicial Authorities, upon proposal of the Administrative Commission for the Court of Appeal, the Attorney General, the President of the Cantonal Expropriation Court, the President of the Criminal Court, the President of the Judges of Coercive Measures, the Justices of the Peace with the exception of the Lugano Justice of the Peace, the President of the Lugano Justice of the Peace, the Juvenile Judge.

**3** …

**4** In case of promotion, subject to specific provisions of the Council of State, the new salary is calculated based on the amount of the last annual salary increased by one increment, then rounded up to the next higher increment provided by the new class. [38]

**5** The Human Resources Section for employees, the Administrative Section for teaching staff, and the IAS Directorate for its administrative unit, respectively, based on the proposal of the executive official, determine the salary in cases of promotion, addressing the competent appointing authority. [39]

**6** Career promotions take place solely on January 1st.

**6bis** For career promotions relating to police officers, the date of appointment at the end of the Police Academy is considered. [40]

**7** The conditions for promotion for the Tax Division, the Cantonal Police, the Cantonal Penitentiary Facilities, and the Social Insurance Institute are established based on specific regulations of the Council of State.

**8** Progression from a II function to a I function, whether by competitive examination or as a result of career promotion, may occur if the following principles are cumulatively met – for the functions listed below

– the employee satisfies the requirements of Art. 7 of these regulations,

– the employee has reached at least 15 increments,

– the employee has achieved the results expected from the function in a particularly satisfactory manner and has maintained correct conduct. [41]

Function

Class

Legal Inspector II

10

Assessor Secretary II

10

Judicial Secretary II

10

Clerk II

10

Drafting Secretary

10

Team Leader II

9

Project Manager II

9

Sector Head II

9

Scientific Collaborator II

9

IT Consultant II

9

Cantonal Fire Protection Coordinator II

9

Economist II

9

Legal Counsel II

9

Legal Editor II

9

Business IT Specialist II

9

Local Authorities Inspector II

9

Organizational Expert II

9

Architecture Planner II

9

Logistics Planner II

9

Designer II

9

Psychologist II

9

Relationship Manager II

9

Auditor II

9

System Engineer II

9

Forensic Science Specialist II

9

**9** For employees, every career promotion by role must be submitted to the Human Resources Section, which will issue an opinion based on the responsibilities and minimum requirements contained in the function evaluation sheets. The request must state the reasons supporting the change in the organizational role and provide a description of the function. The proposed employee must have achieved the results expected from the function in a particularly satisfactory manner and have maintained correct conduct.

[37] Art. amended by R 2.12.2020; in force since 4.12.2020 - BU 2020, 377; previous amendments: BU 2017, 401; BU 2019, 108.

[38] Par. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[39] Par. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[40] Par. introduced by R 27.3.2019; in force since 1.1.2018 - BU 2019, 108.

[41] Par. amended by R 9.7.2025; in force since 1.8.2025 - BU 2025, 148; previous amendment: BU 2019, 108.

1 In the event of the suppression of a position, resulting from the abandonment of a duty, internal reorganisation, or the transfer of a duty outside the Cantonal Administration, or in the event of conflict situations or inability to work, the incumbent who is transferred to a lower-class function shall retain their previous salary for a maximum of 2 years. [42]

2 … [43]

[42] Para. amended by R 18.12.2024; in force from 20.12.2024 - BU 2024, 349; previous amendment: BU 2019, 108.

[43] Para. repealed by R 27.3.2019; in force from 29.3.2019 - BU 2019, 108.

1… [44]

2 The State Council may annually determine the total amount available for exceptional performance bonuses.

3 The bonus paid, converted into courses or professional development or consumed as leisure time, may not exceed 5% of the recipient's annual salary, referring to the period in which the exceptional performance was produced, or 10 days of paid leave.

[44] Para. repealed by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

1 Total leave corresponds to 22 working days, proportional to the degree of employment.

2 The grant is subject to the favorable opinion of the executive officer, who verifies its compatibility with service requirements and with the consumption of other employee entitlements.

3 The decision based on the executive officer's opinion falls within the competence of the central services; for permanent Magistracies, competence lies with the Administrative Commission for the Court of Appeal, the Attorney General, the President of the Cantonal Expropriation Court, the President of the Criminal Court, the President of the Judges of Coercive Measures, the Justices of the Peace (Pretori) with the exception of the Justice of the Peace of Lugano, the President of the Justice of the Peace of Lugano, and the Juvenile Judge.

4 Granted but unconsumed entitlements are computed on the salary of January of the following year.

1 The right to a bonus is proportional to the degree of occupation on the day the right accrues.

2 For teaching staff, paid leave for a bonus can be divided, at most, into 4 blocks of one week and must be taken within the subsequent 5 years.

3 The decision regarding the granting of paid leave rests with the central services.

4 … [45]

5 … [46]

[45] Par. abrogated by R 10.4.2024; in force since 1.1.2024 - BU 2024, 108.

[46] Par. abrogated by R 10.4.2024; in force since 1.1.2024 - BU 2024, 108; previous amendment: BU 2019, 108.

1 The right of employees to recover overtime work is recognized by the executive official, who must assume responsibility for organizing the recovery, and communicated by the same to the central services, at the latest within 30 days from the end of the service that originated it.

2 The right to utilize overtime hours expires after twelve months from the event that originated it.

3 The possibilities for payment of overtime hours under the conditions set out in Articles 71 para. 3 LORD and 23 LStip remain reserved.

1. **Acting Assignment pursuant to Art. 26 LStip**

1. With the acting assignment pursuant to Art. 26 LStip, an employee temporarily assumes the responsibilities of a higher-category position, in addition to those provided for their own position.

2. Acting assignments for employees are subject to authorization by the Human Resources Department.

3. A position may also be filled on an acting basis by more than one employee; in such a case, the allowance is proportionally reduced to the acting assignment performed.

4. The acting assignment allowance is not insurable for the purposes of occupational benefits and does not create vested rights.

5. The granting of an acting assignment allowance excludes the replacement of the employee being replaced and the acting employee with auxiliary staff.

6. In the case of acting assignments that conclude during a month, the related remuneration is paid *pro rata temporis*.

7. The temporary acting assignment of an employee entitles the acting employee to a monthly allowance determined based on the following classification bands for the position being replaced

* from function class 2 to function class 5: CHF 200.– per month;

* from function class 6 to function class 8: CHF 300.– per month;

* from function class 9 to function class 11: CHF 400.– per month;

* from function class 12 to function class 20: CHF 500.– per month.

8. For teaching staff, the provisions of the Regulations on Acting Assignments for Teaching Staff of 13 February 1996 and other applicable norms remain reserved.

1 For the calculation of the severance pay, complete years of service are taken into account. Unpaid leave is not computed.

2 In cases of partial employment during the years of service, the average degree of employment is computed for the calculation of the severance pay according to Art. 27 LStip.

1 The benefits referred to in Article 27 LStip shall be refused in cases where the employee is offered a suitable job in the public or private sector.

2 A suitable job means one that is consistent with the employee's abilities and/or professional qualifications.

3 The benefits referred to in Article 27 LStip shall be reduced when, alternatively or cumulatively

a) the employee is offered a partially suitable job;

b) when the suitable or partially suitable job is part-time;

c) when the employee undertakes self-employment.

4 The reduction shall take into account the presumed difference in salary between the previous and the new job; when the job offered is part-time, whether suitable or partially suitable, the allowance shall be reduced by up to a maximum of 50%, taking into account the presumed earnings.

1 The calculation of days of absence begins on the first day of total or partial incapacity for work, caused by illness, non-occupational accident, or authorized medical treatment. [47]

2 During the observation period, all incapacities for work, even partial ones, over the last 900 days are calculated; each event of illness, non-occupational accident, as well as each medical treatment authorized by the Staff Medical Service corresponds to one day of absence. [48]

3 The right to salary is determined based on the difference between the maximum number of payment days provided by law and the days calculated according to paragraph 1. The decision to reduce the right to salary according to Art. 34 LStip rests with the central services; it is applied to the portion of the salary corresponding to the degree of incapacity for work.

[47] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

[48] Para. amended by R 27.3.2019; in force since 29.3.2019 - BU 2019, 108.

1. Days of incapacity for work due to occupational accident or disease are not added to days of incapacity for work due to non-occupational illness or accident, but are counted separately.

2. In the event of a reduction, the indication in Article 63, paragraph 3 shall apply.

1 The determination of earning capacity is based on a legally binding AI decision.

2 The employment relationship is modified by adopting one of the following two variants

a) increase in the degree of partial occupation (up to a maximum of 100%) while maintaining an unchanged salary;

b) maintenance of the unchanged degree of occupation, with a lower salary corresponding to the earning capacity.

3 The periodic review of performance evolution falls within the competence of the managing official.

The procedure for the recovery of undue compensation falls within the competence of the Salaries and Insurance Office.

1 Employees concerned are obliged to actively cooperate with the State in exercising the right of recourse, specifically by immediately notifying the Salary and Insurance Office of the event and relevant facts, such as the responsible third party and the circumstances of the accident, the correct fulfillment of information obligations towards the insurance companies, the refusal to sign settlement agreements without the prior written consent of the Salary and Insurance Office, and, if requested, the assignment of their rights to the State up to the amount of the salary received.

2 The culpable omission of such obligations by the employee concerned may result in an obligation to compensate the State.

3 Subrogation is limited to benefits and claims related to the employee's incapacity for work or earning capacity in their function or in a substitute function.

1.** In the context of criminal proceedings initiated against State employees as a result of acts or omissions related to the performance of their duties, the State may cover the necessary defence costs of the employee, up to a maximum of 30,000 Swiss francs per individual case. This provision also applies in cases of criminal complaint or denunciation filed by a public employee for damages suffered in the exercise of their function.

**2.** The benefit referred to in paragraph 1 is always subject to the absence of possibilities for covering such costs by private third parties or insurance companies, and in particular by the State's third-party liability insurance or private legal protection insurance; it is not assignable.

**3.** The costs referred to in paragraph 1 shall be reimbursed in full once the decree of non-prosecution, the decree of dismissal, or the judgment of full acquittal from the charge has become final and binding. In the event of a criminal complaint or denunciation filed by a public employee, reimbursement shall occur at the time of the final decision rendered against the accused.

**4.** In cases of partial responsibility of the employee, this shall be taken into account in the calculation of the reimbursement. The same applies in cases where the dispute does not conclude with a judicial decision.

**5.** The State Council reserves the right to grant advances on the costs of criminal defence.

**6.** For the purposes of this article, State employees include

a) employees and teachers as defined in Article 1 LORD;

b) auxiliary staff as defined in Article 20 LORD;

c) personal assistants to State Councillors as defined in Article 19 LORD.

**7.** Paragraphs 1 and 3 of this article do not apply to police officers, for whom the rules on legal protection set forth in the police regulations of 6 March 1990 shall apply.

The observation period begins with the first illness event, from the effective date of the LStip.

[49] In the event of an employee's promotion with a change of function, following a competitive examination, subsequent to the re-evaluation of the function and according to specific regulations of the Cantonal Police, the Tax Division, the Cantonal Prison Structures, and the Social Insurance Institute, the employee is linked to the new function and corresponding class.

[49] Art. amended by R 17.11.2017; in force since 1.1.2018 - BU 2017, 401.

Employees in functions that benefit from an allowance for manual work are linked to the new class by considering such supplementary amount on the current salary.

The last salary paid constitutes the determining salary for positioning the employee on the new salary scale.

[50] To collaborators who will retire during 2024 and who, due to service requirements, were unable to take all or part of their long-service leave, the latter will be paid out in cash.

[50] Art. introduced by R 10.4.2024; in force since 1.1.2024 - BU 2024, 108.

The State Employees Regulations of July 2, 2014 are repealed.

This Regulation shall be published in the Official Bulletin of Laws and shall enter into force on January 1, 2018.

Published in OB 2017, 233.