Maternity leave

Before childbirth :

Your rights :

If you cannot keep working for pregnancy reasons or other, you have the right to your salary. The work incapacity caused by sickness is not covered by an obligatory insurance.

In this case, a profit loss concluded by your employer or yourself will give you the right to generally 80%, sometimes 100% of your salary during your incapacity period.

Nevertheless, if there's no profit loss insurance, nor a collective work convention present, the law foresees a duration of salary right of 100%, in fonction of your service years in the company. The duration of this salary right depends generally of the Bernoise scale. and it's composed as following:

  • 1st service year = 3 weeks of salary right
  • 2nd service year = 4 weeks of salary right
  • 3rd and 4th service years = 8 weeks of salary right
  • 5th to 9th service years = 12 weeks of salary right
  • 10th to 14th service years = 16 weeks of salary right

The employer must, if possible, propose to the pregnant women whose workline is dangerous or painful, an equivalent workline without risks in order to protect their health, aswell as the baby's health.

To pregnant women working between 8 pm and 6 am, an equivalent workline in day-light hours must also be proposed.

If the employer cannot propose an equivalent workline, the workers have the right not to work and receive 80% of their salary, which is paid by the accident insurance, for occupational diseases.

After childbirth :

Your rights :

Whether you're a full- or part-time worker, your maternity leave allowance is of 80% of your salary during 14 weeks (98 days) starting from the day it was first received. Attention, if you start working earlier, even in part-time, you'll lose this right.

Mothers receive 80% of their salary under the maternity leave form, but of an amount of maximum 196 swiss francs a day. Some staff regulations or collective work conventions foresee improved benefits. Our pre-birth specialists can analyse the regulations of your employer and inform you about your rights.

During the 8 weeks following the childbirth, mothers have a prohibition to work.

Who has a maternity leave allowance right ?

  • Women on a salary
  • Independant workers
  • Women who work on their husbands or a close one's company and who are on a wage
  • Unemployed women
  • Women who benefit from profit loss due to a disease

These conditions must exist before the pregnacy.

What are the conditions in order to benefit from maternity leave allowance?

  • To be insured by the AVS during the 9 months preceding the childbirth
  • Having worked for at least 5 months preceding the childbirth

Insurance and work periods on a UE/AELE state are also taken into account.

Nursing period

Nursing is an important profit, not only for the child's health, but also for the mother-child bonding. This nursing period is protected aswell, and offers protection and rights to the mother.

Like during the pregnancy, the employer must develop work conditions adapted to the situation. A nursing woman, when demanded, must be dispensed from hurtful worklines, and like during the pregnancy, she should be able to rest in adapted conditions. In this case, an equivalent, dangerless, workline should be proposed. If that's not the case, these workers have an 80% salary right.

Protection against a work contract termination

The employer cannot terminate the undetermined length work contract of a worker during her pregnancy, nor in the following 16 weeks of her childbirth.

The protection doesn't debute from the 1st day of pregnancy, even if the worker didn't realize she was pregnant. Attention, the protection is applied only if the trial period, which can go up to 3 months, is finished.

We have tried to make these right simpler and more comprehensible. If you want to know more, our guide on the rights of a pregnant woman can be downloaded for free. Our specialists, are also at your disposition, in order to analyse your situation, protect you, advise you, and accompany you all along your pregnancy and also after your childbirth. Advising you is our mission, and we do it with passion.

What about paternity leave ?

Not one law provides a paternity leave. Nevertheless, staff regulations allows fathers to profit from some benefits in order to welcome the birth of their first child. You can ask your employer for 1 or 2 days of leave. These days of leave are included in your work contract under the family events occasion.

Fortunately, more and more public and private employers give the paternity leave right to the new fathers at the birth of their child. To know if this possibility exists, you have to contact your employer or the HR person of contact.

It is to be noted that Switzerland is the only European country where fathers do not benefit of a paternity leave. To whom it may concern.

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