Krankenkasse denying sick leave payment

jeudi 13 août 2015

Hi fellow members

I am unable to find a rule or an article about an employer deciding to withhold pay because the sick leave is a result of complications from aesthetic surgery.

they initiated, together with Swica, some sort of sick leave investigation and have sent a pay slip for July as 31 days of "unpaid leave" so it has 4400 CHF brutto and underneath -4440 for unpaid leave, zeroing out the paycheck.


The actual plastic surgery took place during a mutually agreed 2 weeks of unpaid leave but the wounds would not heal and she got in a bad state where a second operation was required. From this one, she also would not heal properly.Her hausarzt wrote an Arztzeugnis for whole August (issueing one week by week) but now they just simply decided to book the whole of July as unpaid leave claiming they are allowed not to pay until Swica conducts their investigation.
She also got fired per 30th September but she is not disputing that as she knows the law says you can be fired after 30 days of sickness if you are in your first year yet.

Anyone heard of a similar story before or know the actual regulation about this?


thanks in advance.
Krankenkasse denying sick leave payment

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