Hello Everyone,
My husband and I live in Kanton Luzern, He works full time in the week and I two days per week, always fix days (not weekends), our kid it's in a "KITA".
Last Month me and my kid went sick at the same time, I was with Angina with 40 degrees fever and my kid with a sticky and annoying dease so the pediatrician wrote a medical certificate for one week, my husband stayed at home because I wasn't able to take care of the little one (2,5 years) and also took care of me. in the middle of the week I was feeling a little better, and I went to work my two days, and the little one stayed with his father at home, since the father has given the medical certificate to his employer. we live here alone and have nobody that could look after the little one.
This happened in the last month of work of my husband, he changed Firma, and in the end of the month he didn't recieved the amount of money relative to this week.
we have read that both of parents (one each time/day) can stay at home to take care of their kid.
He tried several times to contact the person that it's responsible for the payments an it's never "available"... the Big Boss knows everything, my husband gave the medical certificate by hand to him.
1 - what can we do to have the money back?? they cannot just ignore an medical certificate!!!
2 - who can we contact to help us to write a german letter and send to his employment for free or cheap?
thank you very much!!!!! all help it's well welcome! <3
According to Art. 36 Arbeitsgesetz (ARG) and Obligationenrecht (Art. 324a OR) you can stay at home when your kid is ill.
Mayb you can Google the paragraphs and use those to send to your employer?
To build on that, send it in writing, with a covering letter giving a date by when you expect some action, or at least to hear back from them and send the lot via registered post.
Basically, present the evidence, set out your request with a reasonable deadline and keep a paper trail.
Good luck, OP!
One question: how long was the absence? The whole week?
Isn't it up to 3 days off?
Correct, up to 3 days and only one parent, not both (which I understand wasn't the case, just for future reference). And provided the child is actually a child (max. 16 years of age; same, clearly it's a kid here, but again, for future reference).
I, too, understand he stayed home all week. He is entitled to pay for the three days, but not for the rest of the time.
As per my understanding its 3 days per child sickness. Both parents can take off together or share but beyond these 3 days no paid days off.
Does this apply if it's during the main caretaker's (OP's) off days? Perhaps the father's employer wants to see a medical certificate for the mother as well, she mentions one certificate only.
first of all, thank you for the tips
I think the 3 days here are not applied because he stayed all week at home because the medical certificate was for all week, but the main cause was because in the first 3 days I wasn't able to take care of the child alone, because I was sick too, I went then to work 2 days, and he stayed this two days with the child.
I found the Articles where the rights of employees are described and have already marked the important parts.
I've heard that are an Office in the city of Luzern where they help for free in this situations, does anybody heard about that?
I didn't had a medical certificate because I didn't needed, as I only work two days per week ( Thursdays and Fridays) and I did worked because in the end of the week I felt better, but I went too to the doctor on monday, I can call the doctor and have a report/comprovation that I was there and what was the cause, that proves how sick I was, it was a strange situation, both of us getting sick in the same day, and we both went to the doctor in the same day.
If i've understood this correctly, your husband had 5 days off, yet for a sick child you are entitled to 3 days only, after which it would not be paid.
He had Monday, Tuesday and Wednesday off, you too were ill but unfortunately that does not concern your husbands' employer.
Thursday and Friday you went to work and he stayed home, but this is at his own cost and expense, not the employers.
Not sure tbh but for most things, off days due to reduced working hours are irrelevant, simply a coincidence so I'd venture a guess that it doesn't matter here either.
In general, OP's illness is irrelevant. Adults are expected to take care of themselves. If the kid was ill at the same time, that's too bad, but not the (husband's) employer's problem.
Today_only is correct.
as I understood here...
Art. 36 Arbeitsgesetz
3. Arbeitnehmer mit Familienpflichten Art. 36
Bei der Festsetzung der Arbeits- und Ruhezeit ist auf Arbeitnehmer mit Familienpflichten besonders Rücksicht zu nehmen. Als Familienpflichten gelten die Erziehung von Kindern bis 15 Jahren sowie die Betreuung pflegebedürftiger Angehöriger oder nahestehender Personen.
You can stay at home to take care of your husband/wife, but not sure if it's payed or not...
In my husband "Lohnabrechnung" says:
unbezahlte absenzen - 5 Tage
Once again: he is entitled to 3 paid days.
He needs to go back to his employer and ask that the three days be paid.
You do not fall into this category you quoted. This one refers to elderly or disabled or sick parents who are live-in, children up to the age of 15, or a severely ill spouse, all of which qualify as dependents that may require special care and protection
A spouse with a flu most certainly is and does not and can take care of themselves, like all adults do.
Supposing that me and my husband were working 100% and the pediatrician of my child wrote me a medical certificate for 1 week I would just receive 3 days money? or the entire week?
It's really hard for me understand that he can just pay him 3 days with a medical certificate (Arztzeugnis) for 1 week, both parents have the right to be at home (not both in the same time) but if I wasn't able to that care of her it's the same as I wasn't there...at least for me...the child cannot take care of herself with 2,5 Years...we are humans not machines.
thanks you for all the help.
Safira, we can all sympathise, but that is the way it is. Many of us who have been parents have had no choice but to look after sick kids when we were sick ourselves- my OH could never have taken time off to help, for instance.
Not easy, unpleasant even - but this is the reality- and not just in Switzerland.
With the above situation, if your child is sick and you are both working full-time- then you should share surely- 2.5 days each- rather than mum taking whole week off. Certainly what I insisted on always, as a senior manager, with our staff.
Stop whining, please
One reason for the 3 day rule: it protects the employer and your childless colleagues from piss-taking employees like yourself.
Another reasonable example: What happens if there is lot of kids sick in one area, same school, same employer?
Does the business have to shut down or does the single person work 25 hours a day?
Sell your kids or change jobs or something.
Oh, and why would you both work 100% in Switzerland with kids? It is uncommon...
I'm not whining, I just want to know the rights as an employee.
I know a lot of people that have children and work fully time...because if you earn the "mindestlohn" maybe you don't have "financial" alternative, and this is the reality in a lot of countries.
Your rights are 3 days
This is not "lot of countries"
Many families have both parents working full-time. Both of us did, once our kids were both settled in school. Daughter (UK) and sil also work full time and often much longer hours than 9-5.
The key is, as a couple, you need to always have an alternative in place for child-care beyond the 3 day, or 3 day each, emergency phase. I did- daughter does- it is not the employer's, or society's problem.
Maybe not in Ticino - I know many myself + of course many single parents.