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.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

---

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.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.