Comment réagir face à un arrêt maladie potentiellement abusif ?
Absences due to illness are a reality in any company. In the vast majority of cases, they are entirely legitimate. However, there are times when an employer notices inconsistencies or has evidence suggesting that an employee is not complying with the obligations related to their inability to work.
In Switzerland, this situation can quickly become a sensitive issue for a company. When serious doubts arise regarding a sick leave, it is essential to rely on objective facts rather than assumptions.
In this situation, acting on mere intuition is a mistake. Only objective facts allow us to assess the situation and, if necessary, consider the appropriate steps to take. An investigation conducted by a private detective in Geneva makes it possible to gather precisely these factual elements in accordance with Swiss law.
What is the role of a private investigator during a sick leave?
Contrary to popular belief, a private investigator is not tasked with questioning a medical diagnosis or a sick leave certificate. These matters fall exclusively within the purview of healthcare professionals.
His role consists solely of establishing the facts, in accordance with Swiss law.
A private investigation can, among other things, help to:
- observe a person's activities from a public space
- document objectively observed behaviors
- conduct discreet and lawful surveillance of an employee when the situation warrants it
- prepare a chronological report, accompanied, where possible, by photographs or other supporting evidence
- provide factual findings that can be used by the employer, its legal counsel, or its insurance company to assess the situation.
Investigation into Sick Leave Abuse: Establishing the Facts, Not Making Accusations
The purpose of an investigation is not to prove that an employee is committing fraud, but to establish the facts.
Every situation is different. The fact that an employee is observed engaging in an activity while on sick leave does not automatically mean that the sick leave is unjustified. Conversely, certain behaviors may warrant further investigation as part of a private inquiry.
Any decisions that may be made are then the responsibility of the employer, its legal counsel, the relevant insurance companies, or, where applicable, the competent authorities.
Example of an actual sick leave investigation case in Geneva
A Geneva-based company contacted us after an employee who commutes across the border took several consecutive sick leaves.
L’employeur avait de soupçons, mais aucun élément objectif lui permettait d’apprécier la situation ni d’affirmer un éventuel abus d’arrêt maladie.
Our observations, conducted exclusively from public spaces and in compliance with the law, revealed that the employee was performing work for another company during his period of incapacity for work.
Les éléments recueillis ont été transmis à l’employeur, qui a ensuite entrepris les démarches appropriées avec ses conseils et les intervenants concernés.
In this case, the employee admitted to the allegations and submitted his resignation, allowing for a swift resolution of the dispute without the need for dismissal proceedings.
Of course, every case has its own unique circumstances and cannot be compared to any other situation involving sick leave or absenteeism in the workplace.
The Special Case of Cross-Border Workers in Geneva
In Geneva, many companies employ cross-border workers.
This mobility can make certain situations more difficult to assess, particularly when an employee lives in France but works in Switzerland. Investigations related to sick leave or an inability to work therefore require a particularly rigorous approach.
Our investigators regularly handle cases of this nature, in which investigations must be conducted with rigor and in compliance with applicable laws in Switzerland and France.
A person’s geographic location alone is never sufficient to conclude that abuse has occurred. Only objectively verified facts can shed light on the situation.
Private Investigators and Sick Leave: Why Is It Important to Act Quickly?
Early intervention often makes it possible to:
- quickly clarify the situation
- prevent unverified suspicions from damaging the working relationship
- to have objective information before making any decisions
- protect the company's interests
- document the situation in a professional manner.
The investigation report helps the employer make a decision
In some cases, the investigation confirms the suspicions. In others, it actually clears them up. Both outcomes are useful, as they allow the employer to make an informed decision regarding a sick leave request or a situation involving absenteeism.
Enquête arrêt maladie : quel rôle pour les assurances ?
When an employee on sick leave receives daily sickness benefits, the relevant insurance provider may also need to review the situation.
As part of a sick leave insurance investigation, insurers may encounter situations that require further verification when they have concrete evidence or inconsistencies to analyze, particularly when there is a suspicion of insurance fraud related to sick leave.
The employer, the employer’s sick leave insurance provider, or another relevant insurance provider may have different information and may act within their own areas of authority. When there are inconsistencies or concrete evidence, the findings of a private investigation can contribute to the analysis of the case.
As with the employer, the goal is not to challenge a medical diagnosis, but to document objectively observable facts. In Switzerland, certain observations made in the context of insurance claims are governed, in particular, by Article 43a of the Federal Law on Federal Social Insurance (LPGA).
The insurance company then retains sole authority to evaluate these factors in light of the policy, the benefits paid, and the applicable legal framework.
Surveillance must never be systematic. It must be based on a specific suspicion, remain proportionate, and be considered only when less intrusive measures fail to clarify the situation.
Do you suspect that sick leave is being abused at your company?
B-Investigations assists companies, executives, HR managers, insurance companies, and legal professionals in conducting private investigations with discretion, impartiality, and in compliance with Swiss law.
An initial discussion often makes it possible to quickly determine whether an investigation is warranted or whether another approach is more appropriate for your situation.
FAQ – Investigations into sick leave and absenteeism
Yes, when an employer has evidence suggesting an inconsistency, they may hire a private investigator to gather objective findings in accordance with the law.
Only in accordance with the legal framework and from locations accessible to the public. Investigations must be proportionate and in compliance with applicable law.
Not directly. An investigation serves to establish observable facts. It is then up to the employer, its legal counsel, the insurance companies, or the relevant authorities to interpret these facts.
Yes. Companies in Geneva also regularly hire private investigators when an employee lives in France but works in Switzerland.
