Bereavement or sick leave: differences between Swiss and Italian rules (cross-border guide)

Context

In a nutshell

• The new border agreement provides for a different duration of leave compared to Italian rules.
• The Swiss employer must respect the duration of leave provided for by the new border agreement.

Key facts

• What: bereavement or sick leave of a family member for the frontier worker
• When: from 1 January 2024
• Where: in Switzerland
• Who: frontier workers
• Amount: not applicable

The new border agreement provides for a different duration of leave compared to Italian rules. The Swiss employer must respect the duration of leave provided for by the new border agreement.

Details on the new border agreement

On 1 January 2024, the new border agreement will enter into force, which provides for a different duration of leave compared to Italian rules. This agreement was entered into between the Swiss and Italian governments to regulate the working conditions of frontier workers operating in Switzerland. The new agreement provides for a duration of leave of 5 working days for bereavement or illness of a family member, unlike the Italian rules which provide for a duration of 3 working days.

Concrete examples

For example, if a border worker residing in Bellinzona has a family member who has died, they will be able to enjoy 5 days of work leave according to the new Swiss rules. If, on the other hand, the frontier worker were resident in Milan, he could enjoy only 3 days of work leave according to the

Operational details

Bereavement or sick leave: differences between Swiss and Italian rules

Article 23 of the new border agreement provides that the Swiss employer must respect the duration of leave provided for by the new border agreement. This means that the frontier worker will be entitled to longer leave than the Italian rules. However, it is important to note that the length of leave may vary depending on the circumstances.

For example, if a frontier worker has lost a family member, they may be entitled to 5 working days' leave in Switzerland, depending on the posting and the duration of the contract. In Italy, on the other hand, the bereavement leave is 3 working days.

In addition, if a frontier worker has been sick, they may be entitled to 30 days' leave in Switzerland, depending on the severity of the illness and the duration of treatment. In Italy, on the other hand, sick leave is 30 working days, but can be extended up to 60 days in case of serious illness.

Here is a concrete example: a frontier worker with a 12-month fixed-term employment contract in Lugano has lost a family member and is entitled to 5 working days' leave in Switzerland. If you work in Italy, you would be entitled to 3 working days' leave. It is clear that the frontier worker is treated more favourably in Switzerland.

Other important differences between Swiss and Italian rules concern the length of leave for

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Key points

Bereavement or sick leave: differences between Swiss and Italian rules

If you are a border worker and you have just lost a family member, it is important to inquire about the rules relating to leave. The new border agreement provides for a different duration of leave compared to Italian rules. The Swiss employer must respect the duration of leave provided for by the new border agreement.

According to the federal decree of 24 April 2019, in Switzerland bereavement or sick leave can vary from 4 to 15 working days, depending on the severity of the situation. In Italy, on the other hand, the leave for mourning or illness is 3 working days. It is important to note that these rules only apply to employees who have an employment contract with a Swiss employer.

A concrete example is the case of an employee in Lugano who loses a family member and has to take a 10-day leave of absence. According to the federal decree of April 24, 2019, the employer must comply with this duration of leave and may not require the employee to return to work earlier than 10 days. If the employer does not comply with this rule, the employee may file a complaint with the Ministry of Labour.

It is important to consult the website of the Ministry of Foreign Affairs and Cooperation for more up-to-date information on the rules relating to bereavement or sick leave. In addition, it is advisable to consult the employment contract to check if there are clauses

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