Facts
[A.], born in 1963, was employed as a qualified nurse in a full-time position at Hospital [B.] from June 1, 1996 to December 31, 2011. Since January 1, 2012, she has been only partially capable of working due to health reasons. From January 13 to June 30, 2012, she was employed by Hospital [B.] on an on-call basis with a workload of up to 40%. This employment relationship was extended several times, the last time until December 31, 2014. On October 12, 2011, [A.] claimed daily allowances from the unemployment insurance as of January 1, 2012.
By decision of April 4, 2014, the Public Unemployment Office of Basel-Landschaft denied the claim for daily allowances due to the lack of creditable loss of work, as the insured person was still employed on an on-call basis with the same employer. It upheld this in the objection decision of July 30, 2014.
The Cantonal Court of Basel-Landschaft upheld the appeal filed against this and referred the matter back to the Unemployment Office for examination of the further eligibility requirements.
Considerations
The Federal Supreme Court confirmed the decision of the lower instance. As long as the disability insurance procedure to determine the degree of incapacity for work has not yet been completed, the unemployment insurance must compensate the partially incapacitated insured person on the basis of a 100% loss of work, as her employability is not obvious.
Even though the on-call employment relationship had…