Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ Where in a giv­en year of ser­vice the em­ploy­ee through his own fault is pre­ven­ted from work­ing for more than a month in total, the em­ploy­er may re­duce his hol­i­day en­ti­tle­ment by one-twelfth for each full month of ab­sence.¹²⁸

² Where the total ab­sence does not ex­ceed one month in a giv­en year of ser­vice and is the res­ult of per­son­al cir­cum­stances for which the em­ploy­ee is not at fault, such as ill­ness, ac­ci­dent, leg­al ob­lig­a­tions, pub­lic du­ties or leave for youth work, the em­ploy­er is not en­titled to re­duce his hol­i­day en­ti­tle­ment.¹²⁹

³ The em­ploy­er may not re­duce the hol­i­day en­ti­tle­ment of:

a.

a fe­male em­ploy­ee who is pre­ven­ted from work­ing by preg­nancy for up to two months;

b.

a fe­male em­ploy­ee who has taken ma­ter­nity leave in ac­cord­ance with Art­icle 329f;

c.

a male em­ploy­ee who has taken pa­tern­ity leave in ac­cord­ance with Art­icle 329g; or

d.

an em­ploy­ee who has taken carer’s leave in ac­cord­ance with Art­icle 329i.¹³⁰

⁴ A stand­ard em­ploy­ment con­tract or col­lect­ive em­ploy­ment con­tract may derog­ate from para­graphs 2 and 3 provided that, taken as a whole, it gives em­ploy­ees terms of at least equal be­ne­fit.¹³¹