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-   -   Laid off and pregnant while on notice (https://www.englishforum.ch/employment/296486-laid-off-pregnant-while-notice.html)

Troublawesome 31.01.2020 14:35

Laid off and pregnant while on notice
 
Woman is laid off, she is now serving her 3 month notice by her employed and has 1 month left in it. Assume last day is Feb 29.

She finds out that she is pregnant, barely 2 weeks. So she got pregnant WHILE on notice and after she was fired but not before notice is over.

The law says notice is suspended until 16 weeks after birth. But how is this in practice working if we assume birth in September?

a) September + 16 weeks + 1 month left: employee automatically is terminated in January 2021.

b) September + 16 weeks + brand new notice period of 3 months must be served by employer or the old one still counting?


Is the whole suspension thing automated or the minute you tell them you are pregnant, even if serving notice, then the whole thing is null and void and they must fire you again?

Thanks for all the help

Downerbuzz 31.01.2020 15:00

Re: Laid off and pregnant while on notice
 
A dismissal is only voided if she was pregnant at the time of dismissal. In your friend's case; it's only prolonged until after the end of the maternal holiday ( direct translation ) and then the normal dismissal period is continued.

Guest 31.01.2020 15:15

Re: Laid off and pregnant while on notice
 
Period till birth + 16 weeks + remaining notice period.

Mullhollander 31.01.2020 15:16

Re: Laid off and pregnant while on notice
 
"If employers serve notice before the beginning of an exclusion period (i.e. before the employee became pregnant) with the termination of the contract coming into effect after the beginning of the pregnancy, the notice period is put on hold during the entire exclusion period and does not expire until after the end of this period, i.e. from the 17th week after the birth."

For further information, see V.c. at p. 16/25 in "Pregnancy and Motherhood - Employee protection" at this link:

https://www.seco.admin.ch/seco/en/ho...hmerinnen.html

Troublawesome 31.01.2020 15:23

Re: Laid off and pregnant while on notice
 
Thank you all.

She was supposed to get a decent severance package with her last payslip, this will make things complicated now. I wonder if they can deny giving her that package after her notice resumes next year. Don't see why, it would be discriminatory if they did.

Guest 31.01.2020 15:30

Re: Laid off and pregnant while on notice
 
Quote:

Originally Posted by Troublawesome (Post 3143204)
Thank you all.

She was supposed to get a decent severance package with her last payslip, this will make things complicated now. I wonder if they can deny giving her that package after her notice resumes next year. Don't see why, it would be discriminatory if they did.

She has to get at least that what can be proven she is entitled to.

So if you have it in writing she should get it. If it is just a hear/say situation they can change it.

Troublawesome 31.01.2020 15:32

Re: Laid off and pregnant while on notice
 
No it's all in writing and part of a severance package. They offered it and would be paid with last salary.

It doesn't look like they can deny it, I agree.

Island Monkey 31.01.2020 15:52

Re: Laid off and pregnant while on notice
 
That is such a messed up law! I agree some one should not be laid off whilst pregnant.... but it basically allows a woman who is given their notice for whatever reason, to get deliberately pregnant in order to work for them for longer :eek:
- I am not suggesting this is what your friend has done by the way!

Adidas 31.01.2020 19:16

Re: Laid off and pregnant while on notice
 
Quote:

Originally Posted by Island Monkey (Post 3143217)
That is such a messed up law! I agree some one should not be laid off whilst pregnant.... but it basically allows a woman who is given their notice for whatever reason, to get deliberately pregnant in order to work for them for longer :eek:
- I am not suggesting this is what your friend has done by the way!

You have to be already pregnant when you are given notice of termination. It doesn't work if you get pregnant after getting notice. As I understood the woman in question was pregnant without knowing before being fired thus the termination is voided.

Island Monkey 31.01.2020 19:49

Re: Laid off and pregnant while on notice
 
Quote:

Originally Posted by Adidas (Post 3143317)
You have to be already pregnant when you are given notice of termination. It doesn't work if you get pregnant after getting notice. As I understood the woman in question was pregnant without knowing before being fired thus the termination is voided.

No.....

Quote:

Originally Posted by Troublawesome (Post 3143172)
Woman is laid off, she is now serving her 3 month notice by her employed and has 1 month left in it. Assume last day is Feb 29.

She finds out that she is pregnant, barely 2 weeks. So she got pregnant WHILE on notice and after she was fired but not before notice is over.


Adidas 01.02.2020 11:16

Re: Laid off and pregnant while on notice
 
Quote:

Originally Posted by Island Monkey (Post 3143320)
No.....

Sorry, should have read better.


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