Sick during Garden leave - Termination agreement

Visas, Permits, Passports and Naturalization
1
Hello everyone,

I have been layed off on March 27th with a garden leave until June 30th. I have been ill and I have a 4 days long sick leave and someone told me, I can defer the garden leave until July 31st. However, in my Termination agreement, it is written:

"The Termination Date is not subject to any deferment for whatever reason, including but not limited to the Employee's sickness or accident."

Do you think this is legal? Do you have any idea for me?

Thank you VERY MUCH for your help!

2

The garden leave element makes no difference, assuming you're in a notice period, the notice period can be delayed and that usually would mean to the end of the next month. You're entitled to be paid for that extra month. What is not clear is if you could be required to work for that final month.

Don't forget you will accrue holiday days during the notice period and you might want to find out if or how you'll be compensated for these.

Or you realise that being on garden leave isn't such a bad thing after all and you leave things as they are.

3

Dear Landers,

thank you very much for this quick response

I would like in any case to defer the notice period until the 31st of July. Do you think that I can really defer the notice period until the 31st of July as the Termination agreement seems to forbid it?

Thank you again!

Evelyne

4

Usually a termination isn't "agreed" - it's the termination by one side or another of a pre-eixsting agreement according to the terms of the agreement. If you've come to a mutual agreement for the termination to have different terms then it becomes much more complicated. The wording of any termination agreement would be critical.

5
I doubt if that sentence can overrule the law.

Read 336c

https://www.admin.ch/opc/en/classifi...dex.html#a336c

6
Thanks guys!

7
Hi Landers and EdwinNL,

just to tell you: I went to the RAV this morning and they told me that the law overrules the sentence in the termination agreement, as you said. Let's see now if the company is going to confrontation because of that or accepts the argument.

So thanks again for your advice

8
Do you have legal insurance that covers conflicts with the employer?

If so, just let them handle it if employer refuses.

9

You went to the doctor and have some sort of sick note?

10
Dear EdwinNL, no unfortunately I don't...

11

@ FishPaste, that's correct

12
Do RAV ever step in to such disputes with the employer? I would guess they have a vested interest in limiting how much they pay out to their clients. I am too lazy to Google the answer and the info might complete the thread.

13
How long have you been with this company? If they give you a less than perfect reference is that something that matters to you for future employment?

14
They also have the right to cancel garden leave and request you come to the office each day too.......

I guess screwing them for an extra 1 month salary isn't going to make them too happy either

15
You could keep going sick for a few days every month and extend your gardening leave indefinitely.

So I'd hope the contract is correct otherwise it's a recipe for piss-taking.

16
Interesting. Keep going sick, indefinite gardening leave

17

The company can demande a medical certificate given by a doctor of their choice and expense if there are reasonable grounds to suggest the certificate provided by the employee is less than accurate

18
If you are sick during this time, it is not screwing them, it is following the law.

I had this situation during one of my jobs. I was on gardening leave.

My boss was not happy, thinking I was screwing the company, and I felt it would affect my reference. It probably would have, but he seemed to finally understand when I pointed out that I had had an actual operation to overcome my problem.

It's annoying.

19

It doesn't work that way.

20

I fully agree and as you had to have an actual operation the question doesn't even arise that you were out to screw the company.

However a 4 day sick leave can't really be considered as too serious i guess , especially as the OP admits to wanting an extra months' salalry