Everything cancer patients need to know about being unable to work, dismissal and social insurance

Termination and inability to work 
Inability to work: Am I protected against termination of my employment?

What does being unable to work mean? 
Unable to work means that you cannot work due to a medical condition.

How am I protected against termination of my employment? 
The basic rule is: if you are unable to work, the law protects you from dismissal by your employer for a certain period of time 

• 30 days in the first year of employment, after the probation period; 
• 90 days in the second to fifth. year of employment 
• 180 days from the sixth year of employment 

A longer period may be set out in your employment contract. Therefore, make sure to check your employment contract!  
 
Can my employer terminate my contract without notice? 
Your employer may not terminate your contract without notice because: 

• you are unable to work or  
• your performance at work deteriorates due to illness.  

What do I do if my contract is terminated anyway? 
Termination without notice constitutes an unfair dismissal. That means: you can object to the termination in writing within the notice period. Depending on certain conditions, those affected may receive up to six months' pay from their employer.

Can I terminate my contract myself if I am unable to work? 
You can terminate your contract yourself. But be careful: never be pressured into terminating or agreeing to terminate your employment contract. Do not give notice until you have signed a new employment contract.

Why should I do that? 
Without having signed a new employment contract, you may run into a variety of difficulties: 

• If you decide to terminate your employment yourself, your unemployment insurance may reduce your unemployment benefit. 
• The daily allowance paid under the collective daily sickness allowance insurance may end earlier. 
• Disability insurance may question whether you had to terminate your contract for medical reasons. This could impact your disability insurance benefits.  

Will I continue to be paid even though I am unable to work? 
First check your employment contract: 

• What benefits are available to you? 
• For example, does your employer have daily sickness benefit insurance? 
• Check if your employment relationship is governed by a collective employment agreement ("Gesamtarbeitsvertrag - GAV"). The GAV could entitle you to better benefits than those provided for by law. Your salary may be paid for a longer period if you are unable to work. A collective employment agreement may also oblige the employer to have daily sickness benefits insurance.   
• Can’t find any information in your employment contract or GAV? In this case, the continued payment of your salary is regulated by law. It depends on how long you have been employed at your company. The courts have set three ranges. You can obtain these from the State Secretariat for Economic Affairs, or SECO (see below).  

The State Secretariat for Economic Affairs (SECO) can provide you with detailed information on the duration of continued salary payments in the event of illness. 
 
What is daily sickness benefit insurance ? 
What is daily sickness benefit insurance? 
Many employers opt to take out daily sickness benefit insurance for their employees. This insurance pays a daily allowance when you take sick leave.

How much does the insurance company pay? 
In many cases, cover is provided for a maximum of 720 days within a period of 900 consecutive days. In the majority of cases, those affected will receive 80 per cent of their salary. Check your employment contract to see if your employer has taken out daily sickness benefit insurance.

What if a collective employment agreement ("GAV") applies to my job? 
A collective employment agreement will often require employers to have daily sickness benefit insurance. If so, you may be entitled to a daily sickness allowance if you are unable to work. Ask your employer if you are unsure about what benefits you are entitled to.
 
My pension is not enough to live on: what are my options? 
It is often the case that old-age or disability pension payments are not sufficient to cover the day-to-day cost of living. Does a situation like this apply to you? If so, you can apply for supplementary benefits. Advisors at your cantonal Swiss Cancer League would be happy to provide you with detailed information.

What are supplementary benefits? 
It consists of financial support provided by the canton where you live. You may be entitled to it if your disability (IV-Rente) or old-age pension (AHV-Rente) does not cover your essential needs. You apply for supplementary benefits at the cantonal office for supplementary or transitional benefits (kantonale Stelle für Ergänzungsleistungen oder Überbrückungsleistungen). This office is usually in the same building as the Compensation Fund (Ausgleichskasse).  
For more information on supplementary benefits and where you can apply for them in your canton, visit the website: ahv-iv.ch  
Your  cantonal Swiss Cancer League can also answer any questions you may have about supplementary benefits.

How can I apply for supplementary benefits? 
The supplementary benefits office will check if: 

• your income is too low due to your old-age or disability pension? 
• are you unable to cover costs like your rent?  
• do you have any remaining assets and if so, what are they? 

If you meet the requirements, you will be entitled to supplementary benefits. To do so, you will need to complete an application form and enclose a number of supporting documents, such as your lease. Your claim will then be reviewed. The decision as to whether or not you are entitled to supplementary benefits takes some time. If you finding it difficult to complete the application, ask a counsellor from your  cantonal Swiss Cancer League to help you. 
You can find examples on the Pro Infirmis  website to help you understand more clearly when you are entitled to supplementary benefits.

How are supplementary benefits calculated? 
Annual supplementary benefits are calculated on the basis of anticipated expenditure. The relevant office compares anticipated expenditure with anticipated income. It uses this information to calculate your supplementary benefits based on your needs. You will receive the supplementary benefits every month. You can also receive payments to cover unexpected expenses. These may be connected with an illness or a disability. You will need receipts to claim for unexpected expenses.

Can supplementary benefits change? 
As a rule, supplementary benefits are calculated at the start of the year.  
Report any significant changes to your income or expenses without delay. The office will then be able to recalculate your supplementary benefits.

Will I also receive social assistance? 
Social assistance is separate from supplementary benefits. Social assistance ensures that you and your family have enough money to live on. Questions on social assistance? Arrange an appointment with a counsellor at your cantonal branch of the Swiss Cancer League. You can also watch these videos on social assistance. 
Visit the official supplementary benefits website 
You can find explanatory videos, a benefits calculator and other frequently asked questions at the old-age/disability pension information centre. 
Further information on the issues discussed above can be found in the Swiss Cancer League’s brochures "Working during and after cancer" and the and the "Protection against dismissal in the event of illness: the qualifying period” information sheet. Or arrange an appointment with a counsellor at your cantonal branch of the Swiss Cancer League, where you will receive individual, competent support.
 

The Compassana app also accompanies and supports patients with cancer – as well as healthy people who want better orientation in the healthcare system: How should I take my medication? Where am I on my treatment journey? Which costs are covered by my health insurance? How do I quickly find the relevant people to contact? Often, the answers to these questions aren't that complicated, at least not with Compassana app.

This article first appeared on Schweizer Krebsliga. The Cancer League advises, supports and informs people with cancer and their relatives. It is specifically committed to prevention and early detection and promotes independent cancer research. As a national association, it consists of 18 cantonal and regional cancer leagues and the umbrella organisation, the Swiss Cancer League. It is an organisation financed primarily by donations.