Customary days-off are granted by the employer when the employee has special personal or significant family events. The marriage of an employee, the birth of a child, the death of a close relative or a move may give rise to such days-off.
A balance must be found between the private life of the employee and the economic and organizational interests of the company. The law does not prescribe the duration of these customary leaves. They are determined by collective employment contracts, individual agreements between the employee and the employer, or by company or industry practice.
In the event of the birth or death of a child, the duration of the customary leave may seem very short compared to the importance of such an event. The solutions are not always adequate.
In 2020, paternity leave was adopted by the Swiss people. As of January 1st, 2021, a father is entitled to a few days of paternity leave following the birth of his child. He will benefit from days-off and will receive compensation for loss of earnings during this period.
Before the law on paternity leave was passed, collective employment contracts, company regulations and employment contracts often provided for a customary leave for the birth of a child. The leave provided for in these regulations is often particularly short.
If the employee is entitled to this customary leave, the law does not regulate the question of salary. Collective employment contracts or an agreement between the parties may provide a solution. Otherwise, some employees will not be entitled to their salary during this period.