Maternity & Paternity Leave in Switzerland: Benefits & Employment Rights

Under Art. 16b ff. EOG, employed and self-employed mothers are entitled to 14 weeks (98 consecutive calendar days) of paid maternity leave starting on the day of childbirth.

Income replacement is set at 80% of average earnings prior to birth, up to a statutory federal ceiling of CHF 220 per day (CHF 6,160 per month).

To qualify, the mother must have been actively insured under AHV/AVS for at least 9 months prior to giving birth and employed for a minimum of 5 months during pregnancy. Under Swiss labor law (Art. 35a ArG), mothers are strictly prohibited from working during the first 8 weeks post-birth.

Under Art. 16i ff. EOG, recognized fathers and the legal female spouse of the mother are entitled to 2 weeks (10 working days or 14 daily allowances) of paid paternity leave.

Compensation is funded through the EOG at 80% of earnings (capped at CHF 220 per day). The leave can be taken consecutively as 2 full weeks or flexibly as individual working days within 6 months of the child birth.

Qualifying conditions mirror maternity leave: the father must have been insured under AHV/AVS for 9 months prior to birth and gainfully employed at the time of delivery.

Under Art. 336c of the Swiss Code of Obligations (OR), employers are strictly prohibited from terminating a female employee during pregnancy and throughout the 16 weeks following childbirth.

Any termination notice issued during this protected period (Sperrfrist) is legally null and void (nichtig). If notice was issued prior to pregnancy, the notice period is suspended and resumes only after the 16-week post-birth protection ends.

Furthermore, under Art. 329b Abs. 3 OR, employers are forbidden from reducing an employee annual vacation entitlement due to statutory maternity leave.