Newsletter: Failure to inform the employer of any absence due to illness as a cause for termination (Summary)

In its recently published decision BGer 4A_486/2024 of January 15, 2025, the Federal Supreme Court addressed when the termination of an employment contract without notice is justified. The Court clarified existing case law on the employee's duty to inform the employer in due time of any absence due to illness.

In particular, the Court found that the employee must not only inform the employer as soon as possible of the expected duration and extent of any absence due to illness. Rather, the employee remains obliged to provide information during the entire period of his absence. This means that he must quickly, continuously and fully inform the employer. If a shorter or longer recovery period is to be expected due to new medical findings, he must communicate this fact immediately to the employer. This applies particularly to employees who have a key role in the company. Only if the employer is informed in due time can he take the appropriate organizational measures to minimize the damage caused to the company, suppliers, customers and other stakeholders.

Under Swiss employment law, failure to inform the employer in due course can qualify as a serious breach of duty and thus give grounds for termination of the employment contract without notice.