The following information was provided during a presentation on sick leave, organized by ACIDUL and ADAS on November 27, 2024, at the University of Lausanne. It is intended for researchers under contract with UNIL or CHUV.
We sincerely thank Mr. Etienne Fivat and Mr. Mathieu Gasparini from UNIL’s Human Resources; Mr. Blaise Rion and Ms. Eleonora Car Tullari from CHUV’s Human Resources; lawyer Anny Kasser-Overney, specialized in labor law; and Mr. Raphaël Ramuz, union secretary at the Public Services Union (SSP/VPOD), for their insights and the information provided.
What should I do first if I am sick or have had an accident?
If you are unable to work due to illness or an accident, you must inform your employer as soon as possible (Art. 312 of the Code of Obligations/Code des obligations; Art. 33 of the Law on State Personnel of Vaud/Loi sur le personnel de l’Etat de Vaud; Art. 59 of the Implementation Regulation of the Law on State Personnel of Vaud/Règlement d’application de la Loi sur le personnel de l’Etat de Vaud).
At UNIL and CHUV, you must inform your supervisor (PI) as well as the head of your department or institute. These people will notify Human Resources (HR) of your absence. It is recommended that you contact them in writing, for example by email.
If your absence exceeds three days, you must provide a medical certificate, issued by a doctor (Art. 59 of the Règlement d’application de la Loi sur le personnel de l’Etat de Vaud). At UNIL and CHUV, this certificate must be submitted to the head of your department or institute, who will then forward it to HR.
Please note that doctors are not allowed to issue retroactive medical certificates. You should therefore see a doctor as soon as possible if you are sick or have had an accident, and even if you think you may not need it, you should request a medical certificate in case your health condition worsens.
Important: a distinction is made between an accident certificate (certificat d’accident) and a medical leave certificate (certificat maladie). Make sure your certificate correctly states the reason for your leave!
Who pays my salary?
In case of illness, UNIL or CHUV will pay your salary. Neither institution has taken out private loss-of-earnings insurance (assurance perte de gain) for its employees.
In case of an accident, in accordance with the Accident Insurance Act (Loi sur l’assurance accident, LAA), UNIL employees are insured with Baloise, while CHUV employees are insured with Groupe Mutuel. If you work at CHUV, you must register online with the insurance provider after creating an account. Your salary will be covered at 80% by the insurance provider, with the remaining 20% paid by your employer.
How long will I receive my salary?
The number of paid leave days depends on your contract and employment status. This information will be communicated to you by HR (by postal mail for UNIL) after 30 days of absence, then at 60, 90, 210, 330, and finally 420 days.
If you have an indefinite contract (CDI), you will receive 100% of your salary for one month during the probation period. After this period, you will receive 100% of your salary for 12 months, followed by an additional three months at 80%.
If you have a fixed-term contract (CDD), depending on your position, you will receive 100% of your salary for 30 days during the first year of your contract; 60 days during the second year; 120 days from the third year onwards, followed by three additional months at 80%. Please note that salary coverage ends when your contract expires.
First assistants and graduate assistants receive 100% of their salary for the first 12 months of sick leave, followed by 80% for an additional three months.
SNSF-funded researchers receive 100% of their salary for one month during the first year of work; for two months during the second year; and for four months from the third year onwards.
For researchers under a PAT contract, the same rules apply as for CDI and CDD contracts.
Please note that:
- Any absence due to illness or accident in the two years preceding a new leave is deducted from the maximum number of paid sick leave days available for the new leave. For example, if you are on a fixed-term contract, have taken 15 days of sick leave at 100% pay during the first year of your contract, and then take another month of sick leave before the end of that first year, you will only receive 100% of your salary for 15 days during the second leave
- In accordance with the Loi sur le personnel de l’Etat de Vaud, weekends and public holidays count as leave days since your salary is calculated on a 30-day basis. However, if you return to work on a Monday or the day after a public holiday, the preceding Saturday, Sunday, or public holiday will not be counted.
What obligations do I have towards my employer during my leave?
During your sick leave, you have a duty to inform your employer of your absence and any developments, mainly by submitting a medical certificate. UNIL and CHUV encourage HR and/or your supervisor (PI) to maintain contact with the absent employee during their leave, according to mutually agreed arrangements (email, phone, SMS, etc.). However, do note that you have no legal obligation to stay in regular contact with your employer (HR), your supervisor, or your colleagues (see below).
When you return to work, you must inform your employer via HR and your supervisor (PI) so that your return can be planned, and your tasks adjusted if necessary. A return-to-work interview may be offered to facilitate a smooth reintegration.
Can I ask for my contract to be extended?
At UNIL
If you are a graduate assistant or first assistant, Article 24 of the Règlement sur les assistants specifies the conditions under which you can request a contract extension, i.e. maternity leave, adoption leave, prolonged absence due to illness, accident, military service, civil service, or force majeure. Your contract may be extended for up to 12 months, with a total limit of 72 months. Attach any medical certificate proving your absence(s) from work to your request. The request must be submitted to your supervisor/PI.
PhD candidates and researchers on external funding (e.g., SNSF) may also request a contract extension for the same reasons, following the applicable rules for their function. The request must first be made to the funding body, and not to UNIL or CHUV.
Only absences longer than one month count toward a contract extension. If you have been absent several times for short periods, the total absence duration must exceed two months.
At CHUV
CHUV does not provide contract extensions for illness or accident-related absences.
Can I take a holiday while on leave?
In theory, yes, but if your total absences (sick leave, accident leave, military service, etc.) exceed 60 days in a year (90 days for pregnant individuals), your vacation days will be reduced by one-twelfth for each full month of absence.
If you wish to take holidays during your medical leave, you must request approval from HR by providing a medical certificate stating that, in the case of sick leave, your health would benefit from a period of vacation. In the case of leave due to an accident, you must provide approval from the insurance provider (Baloise for UNIL, Groupe Mutuel for CHUV).
How does maternity leave work?
From the birth date of your child, you will receive 100% of your salary for four months (20% paid by UNIL or CHUV, and 80% by federal loss-of-earnings allowances). Extensions may be possible in cases of extreme prematurity or hospitalisation of your newborn. Once you have informed HR of your delivery, you will receive a written decision from them indicating the number of paid leave days. Be aware that it is illegal for you to work during the first eight weeks of your leave. From the 9th week onward, your consent is required.
If you fall ill within the two weeks preceding the birth of your child, your absence from work will be considered sick leave. These days will not be deducted from your maternity leave.
From the first day of pregnancy, you are protected from dismissal (Art. 336c of the Code des obligations), which means that:
- You cannot be dismissed during pregnancy and up to 16 weeks after childbirth
- You have job security during this period, regardless of your contract type. If your contract ends during your maternity leave, its end date will be postponed to the end of your maternity leave.
During your pregnancy, you can request your employer to adjust your working hours and tasks if they pose a health risk (e.g., exposure to toxic substances). Without your and your doctor’s consent, your employer or supervisor (PI) cannot require you to work night shifts, overtime, or perform hazardous tasks. Medical appointments related to pregnancy cannot be deducted from your working hours.
If you are breastfeeding, your workplace must provide appropriate accommodations, such as access to a breastfeeding area.
As regrads breastfeeding leave, you must submit a request to HR, including a medical certificate, by the middle or latest at the end of the second month of breastfeeding. This leave allows you to receive 100% of your salary for 30 days.
For more information, you can consult the UNIL Gender Equality Office’s brochure (in French), which is intended for both future parents and supervisors/PIs.
You will find information on other reasons for absence from work at the bottom of this page.
The following recommendations were provided by Anny Kasser-Overney and Raphaël Ramuz
- If your medical leave is directly linked to your working conditions (e.g., harassment), it is strongly advised to seek support from a union or a lawyer. You should be accompanied for meetings with your employer (HR or supervisor/PI) and not try to negotiate a return to work alone
- Prefer written communication (e.g., emails) for exchanges with HR or your supervisor (PI) during your leave. If a phone conversation occurs, follow up with an email confirming what was discussed
- Since the primary purpose of medical leave is to recover, follow all medical advice given by your doctor (e.g., recommended and discouraged activities such as intensive sports or travel). Engaging in activities contrary to medical advice may raise suspicions and even result in employer sanctions. If you must travel during your leave, obtain written approval from your doctor
- If your condition prevents you from performing specific tasks (e.g. teaching), ask your doctor to specify this in your medical certificate
- Do not work for another employer during your medical leave, even voluntarily, as this could imply that you are fit to work. However, if you work part-time at UNIL or CHUV and your medical leave is related to your working conditions there, you may continue working for another employer, depending on your doctor’s evaluation
- While your employer needs to be informed about your medical leave and its expected duration for organisational purposes, they do not have the right to ask for details about your condition unless it directly affects your job responsibilities. Sharing medical details voluntarily may lead to intrusive questions, and the information could be used against you
- Once your employer has been notified of your medical leave with a valid certificate, you are not legally required to maintain regular contact with HR, your supervisor/PI or colleagues during your absence
- If you anticipate being absent for several months, you may inform your employer, even if your medical certificate is renewed every 15 days, for instance. This helps your employer plan for your replacement, for instance
- Prepare your return to work with HR and your supervisor (PI) to prevent a relapse and ensure a smooth reintegration.
Other work absences
- Adoption leave: you will receive 100% of your salary for four consecutive months
- Sick child leave: the State of Vaud grants up to 5 days of paid leave if your child(ren) are sick, regardless of the number of sick children or available parents to care for them
- Hospitalisation of a newborn: maternity leave may be extended by the duration of the hospitalisation (up to a maximum of 56 days after birth). The mother must meet the following conditions: (1) the newborn is hospitalised for at least two weeks immediately after birth; (2) she can prove that she intended to return to work after maternity leave
- Military service: you will receive 100% of your salary during the service period specified in the official summons. Upon receiving the summons, inform your supervisor/PI and HR if your absence exceeds three weeks. You must complete and sign the APG form and submit it to HR
- Civil Protection Service: you will receive 100% of your salary during your absence only if service is mandatory. You must complete and sign the APG form and send it to HR
- Youth leave (congé-jeunesse): your supervisor (PI) must notify HR of your request as soon as possible. HR will issue a written decision specifying the authorised duration (up to 12 days per year)
- Marriage leave: you are entitled to 4 days off
- Paid leaves (congés payés) : this kind of leave can be requested (1) if you are a volunteer firefighter, during required training; (2) if you have been called for civil service, according to the required number of days; (3) if you are a member of a staff commission (commission du personnel), for a maximum of 1 day per month (committee members) or half a day per month (general members); (4) if you are amember of a union, upon request to HR, for up to 15 days per year
- Second parent leave: the father or the partner of the child’s parent, who shares the household and participates in the child’s upbringing, is entitled to 20 days of leave (10 days if paid hourly), which can be taken all at once, in blocks, or as individual days following the child’s birth
- Caregiver leave (congé proche aidant): a request must be submitted to HR with a medical certificate proving the need for assistance. Leave is granted for up to 12 days.
If you have any questions, don’t hesitate to contact the HR of your faculty, a lawyer, or join a union! ACIDUL’s general secretary is also available to support you on this matter.