Pregnancy and Maternity at Work in Switzerland

Protection From Dismissal

Dismissal is absolutely void during pregnancy and for 16 weeks after birth (Art. 336c CO). If notice was given before the pregnancy was known, the notice period is suspended for its duration, once the protection period ends, the notice resumes. Discrimination in hiring based on pregnancy (asking about pregnancy in interviews, rejecting a candidate for pregnancy) violates the Equal Pay Act (GlG). If the employer was unaware of the pregnancy when dismissing, the employee can assert the protection retroactively, the dismissal is still void.

Working Conditions During Pregnancy

The employer must adapt working conditions for pregnant and breastfeeding employees: no night work after the 8th month without medical clearance (absolute ban for all after delivery until 8 weeks); no exposure to chemicals, radiation or heavy loads; right to a suitable break area and breastfeeding breaks. If the employer cannot provide a safe equivalent role, they must pay the employee 80% of salary without requiring work. These protections also apply to adoptive mothers in certain circumstances.

Maternity Leave and Return

Maternity leave is 14 weeks (98 days) from the day of birth, paid at 80% via the EO scheme (capped at CHF 220/day). The employee can return earlier voluntarily (EO payments stop). She cannot be required to return before 14 weeks. After maternity leave, the employee has the right to return to the same or equivalent position, a downgrade or elimination of her role during maternity leave is wrongful dismissal. Breastfeeding breaks: up to 30 minutes per feeding in the first year are paid.

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Frequently Asked Questions

Must I tell my employer I am pregnant?

Not legally obliged, but it is advisable to inform early to ensure working condition adaptations. For protective purposes (dismissal protection), you do not need to have disclosed the pregnancy, once you assert it, the dismissal is retroactively void.

Can my employer eliminate my role while I am on maternity leave?

A role elimination during maternity leave designed to avoid returning the employee is discriminatory and wrongful. If genuine restructuring occurs, the employer must offer an equivalent alternative position.

Is maternity leave paid in Switzerland?

Yes. 80% of pre-birth average income via the federal EO (income replacement scheme), capped at CHF 220/day for 14 weeks. The employer pays you from their payroll and is reimbursed by the EO fund.