Carer's leave and bereavement leave: your rights at work
Introduction
When a loved one becomes seriously ill or passes away, professional concerns take a back seat. Yet, the question of carer's leave or bereavement leave arises quickly: how many days can one take off? Will one be paid? What steps must be taken with one's employer?
In Switzerland, the Code of Obligations has guaranteed since 2021 a right to paid leave to care for a family member who is seriously ill (article 329h CO). This carer's leave allows one to care for a sick child, parent or spouse, with a maximum duration of 3 days per case and 10 days per year.
For bereavement leave, the law does not set a specific duration, but professional practices generally recognise between 1 and 3 days depending on the family relationship. Many collective labour agreements (CLAs) and company regulations provide for more extensive rights than the legal minimum.
This guide clarifies your rights at work when facing these difficult situations, helps you understand the difference between carer's leave and bereavement leave, and guides you through the practical steps to organise the funeral and publish an obituary during your absence.
📌 Summary (TL;DR)
The Swiss Code of Obligations provides for paid carer's leave of maximum 3 days per case and 10 days per year to care for a seriously ill loved one (art. 329h CO). For bereavement leave, the law does not set a specific duration, but practices generally grant 1 to 3 days depending on the family relationship.
Many CLAs and company regulations offer more extensive rights than the legal minimum. It is recommended to consult your employment contract and inform your employer quickly by providing a medical certificate or death certificate.
📚 Table of contents
Carer's leave under article 329h CO
Since 1 January 2021, article 329h of the Code of Obligations grants Swiss workers a legal right to leave to care for a seriously ill or terminally ill loved one.
This paid leave allows one to care for a family member who requires support due to serious illness, accident or disability. It is a minimum right enshrined in law.
The maximum duration is 3 days per event, with a cap of 10 days per year. This leave is distinct from bereavement leave, which occurs after the death of a loved one.
The purpose of this carer's leave is to enable employees to organise care, accompany their loved one to medical appointments or support them during critical moments, without suffering loss of salary.
Conditions for receiving carer's leave
To receive carer's leave, several conditions must be met. Firstly, the person to be cared for must be a close relative in the legal sense: spouse, registered partner, parents, parents-in-law, children, brothers and sisters.
Secondly, the situation must justify active care: serious illness requiring support, palliative care, accident or disability. It is not simply an absence for personal convenience.
The notion of care includes medical support (doctor's appointments, hospitalisation), organising home care, or emotional support during critical moments.
The employer may request proof, such as a medical certificate, to attest to the seriousness of the situation and the family relationship.
Duration and remuneration of carer's leave
Carer's leave is limited to 3 days maximum per event, with an annual cap of 10 days. These days are paid: the employer must maintain the salary throughout the duration of the leave.
This legal framework constitutes a minimum. Some collective labour agreements (CLAs) or company regulations provide for more favourable provisions, with extended durations or broader access conditions.
To receive it, the employee must inform their employer as soon as possible, ideally before taking time off. A medical certificate or other proof may be requested to attest to the necessity of the leave.
In case of prolonged need, it is possible to negotiate additional days, either by using holiday days or by discussing an arrangement with the employer.
Bereavement leave in Switzerland: what does the law say?
Unlike carer's leave, bereavement leave in Switzerland is not regulated by the Code of Obligations. There is no minimum legal right to paid leave in the event of the death of a loved one.
Article 329 CO only mentions leave for personal reasons, without specifying bereavement or setting its duration. This legal void leaves room for practices, collective agreements and companies' internal regulations.
In practice, most Swiss employers grant a few days of paid leave in the event of the death of a loved one, but this practice is based on goodwill and sector practices, not on a legal obligation.
It is therefore essential to consult one's employment contract, staff regulations or applicable CLA to know one's precise rights regarding paid funeral leave.
Customary leave according to family relationship
In the absence of a legal framework, practices vary according to companies and sectors. Here are the common practices observed in French-speaking Switzerland:
- Death of a spouse, partner or child: generally 3 days of paid leave
- Death of a parent, parent-in-law, brother or sister: generally 2 to 3 days
- Death of a grandparent or other relative: generally 1 day
These durations are practices, not legal obligations. Some companies are more generous, others more restrictive. It all depends on internal policy and the employer's sensitivity.
In case of doubt, it is recommended to enquire with the human resources department as soon as possible.
CLAs and company regulations: extended rights
Many Swiss companies go beyond practices regarding bereavement leave. Collective labour agreements (CLAs) and internal regulations often provide for more generous leave than the legal minimum or common practices.
Certain sectors are particularly favourable: the public service, the health sector, banks and teaching often offer extended bereavement leave, sometimes up to 5 days for the death of a close relative.
It is therefore crucial to consult one's employment contract and staff regulations to know one's precise rights. In case of doubt, the human resources department can provide clear information adapted to your situation.
If your company does not provide anything specific, it remains possible to negotiate additional days or to use holiday days to deal with the procedures related to the death.
Practical steps with the employer
When a death occurs, it is important to inform one's employer quickly. A telephone call is sufficient initially, followed by written confirmation (email or letter).
Your employer may request proof: death certificate, announcement, or funeral director's attestation. These documents allow your absence to be formalised and salary maintenance to be guaranteed.
If you need additional days to organise the funeral or support the family, do not hesitate to discuss this with your manager. Most employers show understanding and flexibility during these difficult times.
You can also negotiate paid leave days, time off in lieu, or even unpaid days if necessary. The essential thing is to communicate clearly and quickly.
Organising the funeral during leave
Bereavement leave is used in particular to organise the funeral, an intense period of administrative and emotional procedures. One must quickly choose a funeral director, write the obituary and organise the ceremony.
To publish an obituary, Funere offers a simple and accessible solution at 180 CHF, much cheaper than traditional press rates (800 to 2,000 CHF). You can publish an obituary online in a few minutes, accessible 24/7 to all your loved ones.
Funere also offers a directory of funeral directors to help you find a trusted provider near you. These tools facilitate procedures during an already difficult time.
Differences between carer's leave and bereavement leave
It is important to clearly distinguish these two types of leave, which respond to different situations:
- Carer's leave (article 329h CO): legal basis enshrined in the Code of Obligations, 3 days per event (max 10 days/year), paid, to support a living loved one who is seriously ill or terminally ill.
- Bereavement leave: no legal basis, duration according to practices or CLA (generally 1 to 3 days), generally paid, occurs after the death of a loved one.
These two leaves do not automatically accumulate, but can follow one another over time. For example, an employee may first use their carer's leave to support a parent in palliative care, then receive bereavement leave after the death.
For financial questions related to death, consult our guide on financial assistance after a death in Switzerland.
Carer's leave and bereavement leave are two distinct rights that respond to different needs. The first allows you to support a loved one at the end of life, with up to 10 days of leave under article 329h CO. The second gives you the necessary time to organise the funeral and cope with the loss. Whilst Swiss law sets a minimum framework, many CLAs and company regulations provide for more favourable conditions.
Knowing your rights helps you better manage these difficult times professionally. Do not hesitate to inform your employer quickly and provide the necessary proof. These administrative procedures, whilst demanding, allow you to focus on what matters: supporting your loved one or honouring their memory.
When the time comes to organise the funeral, publishing an obituary on Funere allows you to quickly inform those around you, at an accessible rate of 180 CHF. A dignified and simple way to pay tribute to your loved one.
