Holiday Entitlement in Switzerland
All employees in Switzerland are entitled to at least 4 weeks (20 working days) of paid holiday per year. Holidays cannot be replaced by a cash payment. If you fall ill during your holiday, the sick days are not counted as holiday. These fundamental rules apply regardless of sector.
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The Legal Minimum and GAV Extensions
Under OR Art. 329a: 4 weeks minimum (20 working days) for adults; 5 weeks minimum (25 working days) for employees under 20. Holidays accrue pro-rata: an employee who starts on 1 October earns 3 months × (1/12 × annual entitlement). Many GAV extend the minimum: 5 or 6 weeks from a certain age (often 50) or after a number of years of service. Your employment contract or GAV determines your specific entitlement.
When Can Holidays Be Paid Out?
Swiss law prohibits holiday payout while the employment relationship continues, holidays must be taken as time off. The only exception: when the employment ends and there are remaining unused holidays, these are paid out in the final settlement. The purpose of holidays is recuperation, a legal principle the Federal Supreme Court has upheld. Contractual provisions purporting to replace holidays with cash during ongoing employment are void.
Illness During Holidays
If an employee falls ill during holidays and provides a medical certificate, the sick days are not counted as holiday (OR Art. 329b). The employee must: immediately notify the employer, obtain a medical certificate, and the sick days are credited back. This is a frequently ignored right. Conversely, falling ill on the last day of employment does not extend the contract, sick leave and end of contract are separate matters.
Frequently Asked Questions
Can my employer cancel my booked holidays at the last minute?
The employer plans holidays taking employee interests into account (OR 329c). Once agreed, cancelling at the last minute is only possible for exceptional operational reasons. The employer must compensate any non-refundable costs caused by the cancellation.
What if I am sick just before my holidays start?
If you are medically certified as unfit for work before the holiday period starts, the holiday is postponed. If you become ill after the holiday starts, the sick days are credited back to your holiday balance.
Do part-time employees get fewer holiday weeks?
No. Part-time employees get the same number of weeks of holiday. However, fewer calendar days apply: a 3-day week employee's 4 weeks = 12 working days, not 20.
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