Dear EF,

One of my workmates is expecting a baby in January and understands that there has been a recent change to the rules/responsibilities of the employer in providing paid leave.

Can anyone explain or point me to a relevant thread?

Thanks,

John

Previously the employer was required to provide 12 weeks of paid leave for pregnancy. This could be taken I think up to 4 weeks before the birth and up to 12 weeks after ie a 16 week window within which 12 were paid leave.

Now the law states that 16 weeks after the birth the mother can take as paid leave. This is the major change. Most large organisations had something similar anyway, but now it is the legal minimum. The interesting one is really does she know what here employer is offering. Credit-Suisse for example offers 12 months if you have been there long enough

That's not quite right, you can take 16 weeks maternity leave but only 14 of them are required to be paid by your employer. The last 2 weeks can be taken as unpaid leave. I posted a link to employees rights during pregnancy on a thread on the rights of workers If you do a seach on "maternity +rights" you should find it if not I will post it next time I am logged onto my laptop (where I hjave it bookmarked). Richard is right about finding out what the employer offers for example my employers paid me full wages for my first month of maternity leave instead of the 80% required by law.

After taking maternity leave, in the UK, the mother has to return to work, or pay the maternity pay back
Does this happen in CH?
My wife is thinking about taking some time out of work to look after the baby when its born, but the thought of repaying the maternity pay is not appealing to me (the father!!)

This 100% pay is the same in our university as well. It definitely pays to find out the rules in your current or prospective employer

When I was looking into my rights during my pregnancy I didn't come across anything that said you would have to pay back your maternity pay if you left your company, either voluntarily or through being made redundant (or sacked!).

I was given 16 weeks at full pay but that was probably because my boss is a sweetie . Our company is quite family orientated.

You should also know that, in Switzerland, the maternity leave only starts the day the baby is born. I had to have 6 weeks off before the birth because of slight complications but this was classed as sick leave and I had a sick note from my ob/gyn.

This bit is actually better than the UK because there the maternity-leave clock starts ticking as soon as you finish work before the birth, although, admittedly the maternity leave is longer. The standard Swiss 14 weeks is a bit mental...

Hope all goes well with the rest of your wife's pregnancy and the birth! Then the real fun starts!

Many thanks for your reply!

Hello,

a slighty different but related question. I just moved to Geneva from the UK and started work with a company here. I am due to give birth in a couple of months time. Is there a rule that I should have been working at my current employer or in fatc in Switerland for a given amount of time before I was eligeble for the 16 week maternity leave here? (I worked continuously in the UK for 8 yrs if that matters...)

Anybody has any idea?

Many thanks in advance,
Tkw

It is five months worked during the pregnancy. If you deliver a month early it is reduced somewhat. I think this has to be with the Swiss employer but you can ask if time worked outside CH counts too.

The basic maternity benefits come from the social-security (AHV/AVS). Hence, it is not conditional on your present employer. Of course, your present employer can top-up and provide additional benefits.

There is no obligation to refund maternity benefits, to return to work or to stay with the employer.

Unsure how the AHV/AVS views prior employment in another country. My guess is that if you are coming from a EU country, then Switzerland must recognize it under the bilateral agreements.

Thank you for all your responses. I will check with my employer if the time in the UK counts.

have a good day!
Tkw

Did you ever get an answer about whether the time in the UK counts?

My wife and I are in a similar situation -- we are trying to get pregnant, but don't want that blessing to arrive too early if it means she won't be entitled to materity benefits with her new employer. She has been continuously employed in the EU for the past 7 years, and we're due to move to Switzerland at the end of August.

Supposing she got pregnant before we arrived in Switzerland -- would she have any claim to maternity benefits?

I'd say so -- assuming your wife is thinking of having a standard 9-month pregnancy, if you got lucky (in every sense) tonight, the baby wouldn't be due until late April. If your wife was working in Switzerland from early September, then she'd have more than 7 months employment in Switzerland by the time the baby comes along and screws your life up, I mean adds blessed purpose to your lives.

So if it's correct that you need only 5 months employment to get full maternity leave rights, and if your wife has a job to go to, then all should be well.

Enjoy!

* Prints out a copy of this thread as evidence *

* Climbs into bed armed with printout *

* Gives wifey a come-hither look *

DON'T DO IT MAN!!!
YOU?LL BE PAYING FOR THE NEXT 20 YEARS!!

(and why do your still have your laptop on???)