The Bernese Scale: What Every Swiss Employee and Freelancer Needs to Know

The Bernese Scale is Switzerland's legal framework that determines how long employers must continue paying your salary during illness or accident. For employees, it provides crucial protection. For freelancers, it highlights a critical gap you need to fill with proper insurance.

This guide explains exactly how the system works, what protections you have (or don't have), and what steps you must take to secure your income.

What Is the Bernese Scale?

The Bernese Scale is a jurisprudential framework used across Switzerland to determine the minimum duration employers must continue paying wages when employees cannot work due to illness or accident through no fault of their own.

Legal Foundation

The scale is rooted in Article 324a of the Swiss Code of Obligations, which requires employers to pay wages for a "reasonable period" after the first year of service. But what counts as "reasonable"? That's where the Bernese Scale comes in.

Created following a 1926 ruling by the Bern industrial tribunal, this scale provides specific timeframes based on years of service—ranging from 3 weeks to 10 months. The goal was to balance employee security with employer practicality, and the system has remained remarkably stable for nearly a century.

How the Bernese Scale Works: The Complete Table

The protection period increases with your years of service with the same employer. During these periods, your employer typically pays 100% of your salary.

Important note: If you work part-time during your illness (say, at 50% capacity), your protection period doubles accordingly.

Practical Example

Sarah has worked for a Zurich-based company for 6 years when she's diagnosed with a serious illness requiring 4 months of recovery. Under the Bernese Scale, her employer must pay her full salary for 3 months. The fourth month depends on whether her employer has daily sickness benefit insurance (more on this below).

If your company operates across multiple cantons or you work remotely from a different canton than your employer, verify which scale applies to your contract.

Daily Sickness Benefit Insurance: The Modern Alternative

Most Swiss employers don't pay salaries directly during illness—they take out daily sickness benefit insurance (Krankentaggeldversicherung/assurance d'indemnités journalières) instead.

How It Works

This insurance typically covers:

• 80% of your salary (though 100% coverage is available)
• Up to 720 days within a 900-day period
• After a waiting period of 2–3 days (must be equivalent to or better than the Bernese Scale)

Cost Structure

• Total premium: 1.5–2.5% of gross wages
• Employer pays at least 50% of the premium
• Employee pays the remainder through payroll deductions

For example, on a CHF 80,000 annual salary, the total premium might be CHF 1,600–2,000 per year, with employer and employee each paying CHF 800–1,000.

Why Employers Choose Insurance

Without insurance, an employer with 20 years of tenure would pay 6 months of full salary out of pocket. For a senior employee earning CHF 120,000, that's CHF 60,000 in direct costs. Daily sickness benefit insurance caps this risk at a predictable premium.

What You Cannot Get

Self-employed workers in Switzerland are not entitled to unemployment benefits, even if you've paid AVS/APG contributions. There is no safety net if your contracts dry up—another reason why insurance and emergency funds are non-negotiable.

Step-by-Step: Choosing the Right Coverage

1. Calculate your minimum income needs: What's the lowest monthly amount you need to cover essential expenses?
2. Assess your emergency fund: How many months can you survive without income? This determines your optimal waiting period
3. Compare insurers: Get quotes from KPT, Assura, Sanitas, and Helsana for daily sickness benefit
4. Choose coverage percentage: 80% is standard, but consider 100% if you have minimal flexibility in expenses
5. Review annually: As your income grows, increase your coverage to match

Magic Heidi tip: Use comprehensive accounting software to track your actual income and expenses. When applying for insurance, you'll need to demonstrate your income history. Accurate records also help you right-size your coverage as your business grows.

Important: These protection periods are separate from salary continuation periods. You might still receive salary (via insurance) after the dismissal protection ends.

Medical Certificate Requirements

Most employers require a doctor's note after 3 consecutive days of sick leave, though some request one from day one. For extended illness, you'll need regular updates from your physician.

The certificate should confirm:

• That you're unable to work
• The expected duration of incapacity
• Whether partial work (reduced hours) is possible

Part-Time Work During Illness

If your doctor certifies you can work at reduced capacity (say, 50%), your protection periods double. For example, 3 months at 50% capacity = 6 months of protection.

Document this arrangement carefully with both your doctor and employer.

What to Do When You Fall Ill

1. Notify your employer immediately (usually within the first day)
2. Obtain a medical certificate according to company policy
3. Understand your coverage: Ask HR whether you're under the Bernese Scale or daily sickness benefit insurance
4. Track communications: Keep records of all medical reports and employer correspondence
5. Plan for return: Discuss phased return or reduced hours with your doctor and employer

Recent Legal Updates (2021–2026)

Family Care Leave (Since 2021)

Employees are now entitled to paid leave to care for a family member with health issues:

• Up to 3 days per incident
• Maximum 10 days per year
• Must be immediate family (spouse, children, parents)

Extended Child Care Leave

If your child suffers a serious health impairment from illness or accident, you can take up to 14 weeks of paid leave within 18 months at 80% of your salary (capped at CHF 196 per day).

This is separate from the Bernese Scale and represents a significant expansion of employee rights.

Stability in Core Requirements

The Bernese Scale itself has remained stable. Article 324a continues to provide the legal foundation, and the timeframes haven't changed. However, insurance practices have evolved, with more employers adopting daily sickness benefit insurance rather than direct salary continuation.

Take Action Today

Don't wait until you're sick to think about income protection.

For freelancers: Get quotes from at least three insurers to review your insurance needs and understand your options. Use Magic Heidi's expense tracking to maintain the accurate income records insurers require.

For employees: Review your employment contract to understand whether you're covered by the Bernese Scale directly or through daily sickness benefit insurance.

For employers: Get quotes from at least three insurers and compare coverage. The few hours invested now could save tens of thousands in unexpected costs.

Need help tracking income and expenses for insurance applications? Magic Heidi's automated accounting features make it simple to generate the documentation insurers require.

Your income is your most valuable asset. Protect it.