The Bern scale, also known as the Bernese scale or Berner Skala, indicates how long an employer must continue paying an employee who cannot work because of illness: three weeks in the first service year, one month in the second, and longer periods as service increases. It is a reference for applying Article 324a of the Swiss Code of Obligations where that system governs the employment relationship.
Before using the table, check the employment contract, any collective agreement and daily sickness benefit insurance. An equivalent insurance arrangement can replace statutory salary continuation. Sick pay and protection against dismissal follow separate rules and timelines.
The Bern scale at a glance
- A reference scale: commonly used in French-speaking Switzerland and the canton of Bern.
- Full salary: the statutory system provides 100% salary for a limited period, provided the eligibility conditions are met.
- One allowance per service year: absences covered by the same annual entitlement are added together.
- Check the insurance: daily sickness benefits depend on the agreed policy and employment terms.
- Two separate timelines: salary continuation is governed by Article 324a; protection against dismissal by Article 336c.
Estimate how long salary continues
Select the employee’s current year of service. The result shows the theoretical annual entitlement for complete incapacity, before deducting absences already charged to that service year.
No medical information is requested. Selections stay in your browser and are not stored or sent by this calculator. It does not calculate a remaining entitlement, an insurance payment or a valid dismissal date.
Bern scale table
Read the table using the employee’s current year of service, not the number of fully completed years. After completing four years with the same employer, the employee enters their fifth service year.
| Current service year | Entitlement per service year |
|---|---|
| 1st year | 3 weeks, if eligible |
| 2nd year | 1 month |
| 3rd and 4th years | 2 months |
| 5th to 9th years | 3 months |
| 10th to 14th years | 4 months |
| 15th to 19th years | 5 months |
| 20th to 24th years | 6 months |
| 25th to 29th years | 7 months |
| 30th to 34th years | 8 months |
| 35th to 39th years | 9 months |
| 40th to 45th years | 10 months in the FDFA reference table |
Sources: Bern cantonal judiciary (French) for the initial bands and the Federal Department of Foreign Affairs (French) for longer service. These are judicial reference periods, not a separate insurance policy. Beyond the table, obtain confirmation of the applicable period: ten months is not a universal statutory maximum.
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Explore payroll servicesWhen does the Bern scale apply?
Article 324a requires temporary salary continuation when an employee cannot work for a personal reason through no fault of their own. This article deals with illness. The scale helps determine the duration, but cannot establish every aspect of an employee’s entitlement on its own.
The three-month condition: check the terms at recruitment
The employment relationship must have lasted more than three months or have been entered into for more than three months. A six-month fixed-term contract can therefore give entitlement from the start. For an indefinite contract terminable during its first three months, statutory entitlement generally starts after that period. Contractual provisions or insurance may be more favourable.
Do not confuse this condition with probation. Completing probation does not automatically establish entitlement to sick pay. Read the employment contract and staff regulations.
Which cantons use the Bern scale?
The Bern scale is commonly used in French-speaking Switzerland—Geneva, Vaud, Fribourg, Neuchâtel, Valais and Jura—and in Bern. Other jurisdictions use the Basel or Zurich scales. It would be misleading to present the Bern table as a single, identical rule throughout Switzerland.
A contract, collective employment agreement or standard employment contract may provide a different arrangement. Public-sector employment also requires a review of its own rules. If your company operates in several cantons, confirm the relevant practice before finalising a sick pay calculation.
How do service years and repeated absences work?
A service year starts on the employee’s actual joining date and renews on its anniversary, not on 1 January. Someone who started on 1 October 2022 enters their fifth service year on 1 October 2026.
Several absences in the same year
Absences charged to the Article 324a entitlement accumulate. A different illness does not automatically create a new full salary allowance within the same service year.
A new service year
A new annual entitlement arises even if the illness continues, provided employment still exists and the conditions are met. Unused entitlement from the previous year does not carry forward.
Example: moving into the fifth service year
An employee hired on 1 October 2022, without an insurance arrangement replacing the scale, has a two-month reference entitlement in the fourth service year and three months from 1 October 2026. To establish the remaining entitlement, the employer must allocate absences to the correct service years.
Part-time work, variable pay and partial incapacity
Working part-time does not shorten the scale’s duration. Salary continuation covers the employee’s contractual working percentage. Where pay is irregular, a representative period is used to establish normal earnings.
Continued salary includes the pay components that would normally have been earned, including a contractual 13th salary. Reimbursement of expenses not incurred during the absence is treated differently. For payroll deductions, see our article on gross and net salary in Switzerland.
. Partial medical incapacity is different from a part-time contract. It requires a specific assessment: do not automatically double the entitlement period for an employee certified 50% unfit for work. The calculator excludes this situation.
Daily sickness benefit insurance: 80% or 100% of salary?
Without an equivalent arrangement replacing the statutory system, the employer continues full salary for the applicable period. A daily sickness benefit insurance policy, often called IJM or APGM in French and KTG in German, may provide different and longer protection.
Replacement of the statutory arrangement requires a written agreement, collective agreement or standard employment contract, with benefits that are at least equivalent. A common equivalent arrangement provides 80% of salary for 720 or 730 days within 900 days, with the employer paying at least half the premiums. Equivalence is assessed overall; the policy and its terms determine the actual cover.
| Check | Statutory salary continuation | Equivalent daily sickness insurance |
|---|---|---|
| Amount | 100% of relevant salary | Often 80% of insured salary |
| Duration | Annual entitlement under the applicable scale | Policy terms; frequently 720 or 730 days within 900 days |
| Start | From the first day, if eligible | Check the waiting period and the employer’s obligations |
Insurance does not necessarily begin only after the scale has been exhausted: it follows the agreed arrangement. Daily sickness insurance is not generally compulsory, but a collective agreement or contract may require it. Basic health insurance covers healthcare, not automatically lost salary. Accidents fall under separate rules, including accident insurance.
Sickness daily allowances paid by the insurer are not subject to OASI/DI/income compensation or unemployment insurance contributions. Salary and top-ups paid by the employer require separate treatment. The difference affects net receipts; it does not guarantee the employee’s usual net salary. See SECO’s explanation of sick pay (French).
. If you disagree with a calculation, request a written explanation and the clauses applied. A trade union or employment-law advice service can help review the documents; disputes may be referred to the competent authority.
Bern scale and dismissal: what are the protected periods?
Salary payment and the validity of a dismissal are separate questions. After probation, Article 336c generally protects an employee against notice from the employer during incapacity arising through no fault of the employee, subject to these limits:
| Service year | Maximum protected period |
|---|---|
| 1st year | 30 days |
| 2nd to 5th years | 90 days |
| From the 6th year | 180 days |
Notice given by the employer during a protected period is void. If incapacity begins during an existing notice period, that period may be suspended and resume on recovery or when protection expires. The termination date may consequently move.
These rules do not automatically extend a fixed-term contract at its agreed end date and do not apply in the same way when an employee resigns. Relapses, separate illnesses and incapacity limited to the current workplace require individual assessment.
Employer checklist when an employee is off sick
Document the absence
Record the dates and degree of incapacity. A medical certificate may generally be requested from day one, although contracts often specify a later date. The employer’s certificate should not disclose the medical diagnosis.
Identify the applicable arrangement
Review the employment contract, collective agreement, standard employment contract and insurance policy. Check coverage and notification duties without waiting for the insurer’s waiting period to expire.
Prepare the calculation
Establish the service year, absences already charged, salary components and any insurance benefits. Separate salary from insurance payments in payroll. Our article on Swiss social security contributions explains the contribution points to consider.
Explain the position to the employee
Set out the applicable arrangement, amount paid and next steps in writing. Before stopping salary or issuing notice, verify the dates and contractual terms. A clear absence record and an identified insurance regime are the most useful starting points for a reliable calculation.
Watch the videoUnderstanding the Bern scale
Romain explains salary continuation during sickness in this French-language video. The English table and explanations in this article provide the accompanying written reference.
Visit Romain’s Swiss entrepreneurship channel (French) →Bern scale: frequently asked questions
Are the Bern scale and Bernese scale the same thing?
Yes. Both names refer to the same judicial reference scale for salary continuation based on length of service. In German it is called the Berner Skala; in French, échelle de Berne or échelle bernoise.
What is the entitlement after four completed years?
After four completed years, the employee is in the fifth service year. The Bern scale provides three months. Then check the applicable arrangement and absences already charged to that year.
Does entitlement restart with every sickness absence?
No. Absences covered by the annual allowance accumulate in the same service year. A new allowance starts with the next service year, provided employment continues and the eligibility conditions remain satisfied.
Is sick pay 80% or 100% of salary?
The statutory system provides 100% for a limited period. An equivalent daily sickness insurance arrangement often provides 80% for much longer. Check the terms applicable to the employment relationship.
Can the contract continue without salary being paid?
Yes. Salary entitlement can run out while employment continues. Insurance may cover the loss of earnings. If not, review any remaining contractual rights or other benefits separately.
Does a part-time employee receive fewer weeks?
The scale’s duration is not reduced simply because the employee works part-time. Continued salary reflects the agreed working percentage. Partial medical incapacity needs a separate calculation.
Does the Bern scale protect against dismissal?
The scale concerns salary duration. Protection against dismissal is governed by Article 336c and generally applies after probation: up to 30, 90 or 180 days, depending on service and the circumstances.
Review your payroll arrangements
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Book an introductory callOfficial sources and review date
- Swiss Code of Obligations: Article 324a and Article 336c.
- Bern judiciary: sickness and salary continuation (French).
- FDFA: salary payment for a limited period (French).
- City of Lausanne: inability to work (French).
- SECO: inability to work and termination of employment (German).
Sources reviewed on 22 September 2026. This article and calculator concern private-law employment. Establish the contractual arrangement, insurance cover and relevant facts before calculating an individual employee’s entitlement.
Romain Prieur is a Swiss certified public accountant and the founder of Entreprendre.ch. With more than ten years of experience in audit and advising Swiss businesses, he helps entrepreneurs with company formation, accounting and corporate taxation.
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