Krankheitsbedingte Arbeitsunfähigkeit und Lohnfortzahlung

In the absence of a mandatory insurance requirement, loss of earnings due to illness-related incapacity for work is, according to current law, to be borne by the employer - subject to an optional daily sickness allowance insurance. However, the private law obligation to continue paying wages differs in various respects from claims arising from public law personnel regulations. This contribution compares the private law regulation of wage continuation with the claims from the personnel regulations of the federal government as well as the cantons of Basel-Landschaft and Basel-Stadt, and evaluates them in terms of whether they achieve the objectives of wage continuation in the event of illness. The role of optional daily sickness allowance insurance and the influence of a repeatedly discussed insurance obligation are also considered.