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Old 13.09.2017, 00:54
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Pregnant wife giving birth abroad while on sick leave from work

Hello,

My wife has had a difficult pregnancy for which she has been given a sick leave by her doctor.

Since it has been a few months now, her paychecks are now being covered by an Insurance rather than by the employer.

She strongly feels that she and the baby would be better off if she gave birth in her home country (EU country), accompanied by her parents and loved ones.

By the way, she DOES NOT NEED her Swiss MEDICAL INSURANCE to pay for any of the medical expenses (her family takes care of it).

THE QUESTION IS:
Can she leave the country while on sick leave?
Would she be violating her obligations towards the insurer that pays her monthly paychecks?
Once she submits a certificate of birth that is not Swiss but rather from an EU country, will that have any legal or financial implications?
Would anyone suggest that she takes an unpaid leave of absence to avoid any potential issue?
Or what other options would you suggest?
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Old 13.09.2017, 01:24
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Re: Pregnant wife giving birth abroad while on sick leave from work

It generally depends on the terms of sick leave with the company. In the two cases I know of, was not allowed to leave the vicinity. There were certain exceptions with Dr approval though. Terms of the special insurance should be checked as well.

You usually have to organise health insurance for child before the birth. This might be a complication for you.
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Old 13.09.2017, 02:07
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Re: Pregnant wife giving birth abroad while on sick leave from work

There is a general principle in Swiss medical/health insurance that, if one travels to a place outside of Switzerland for the express purpose of receiving treatment there, this treatment is not covered by the Swiss medical insurance.

You have stated clearly that your wife will not need such cover, so I guess you know about this, and that her family (and you and she) have sufficient funds to cover not just regular birth but also any potential medical emergencies she may have during or after birth, or else that her other country automatically covers her for such things (you have to be sure about this).

However, the baby, too, may need medical treatment, so you need to check the same questions of coverage for him/her, too.

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You usually have to organise health insurance for child before the birth.
Yes! If your wife is not leaving Switzerland permanently, but will return here bringing her baby with her, then this child will be living in Switzerland and will need his/her own obligatory medical insurance.
See also:
https://www.ch.ch/en/pregnancy-health-insurance-covers/
https://www.ch.ch/en/health-insurance-baby/
and the parts about Baby here:
https://www.ch.ch/en/health-insuranc...ary-insurance/

Buying this Swiss health insurance BEFORE baby's birth is so that Baby is covered from birth. This is especially important in case Baby needs his/her own medical procedures immediately or very soon after birth.

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... certain exceptions with Dr approval though.
Yes, I'd say speaking to the doctor is the place to start. I've known of several cases in which the doctor specifically certified that an absence from Switzerland would likely contribute to an improvement in the health of the patient.

Last edited by doropfiz; 13.09.2017 at 03:01.
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Old 13.09.2017, 02:41
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Re: Pregnant wife giving birth abroad while on sick leave from work

Without meaning to sound alarmist, I think it is important to consider that a difficult pregnancy could potentially lead... to a child's later needing not only extra medical treatment but also to integration/assistance from the Disability Office.

This Swiss supreme court judgment http://relevancy.bger.ch/php/clir/ht...=show_document deals with a child whose mother ordinarily resided in Switzerland, but who left the country to spend the last two months of her bed-rest pregnancy in her home country.

Mother and child returned to Switzerland after the birth. The child was born with a disability and the parents claimed from the Swiss Disability Office.

There is a fixed rule that, for a foreign child who has his/her normal residence in Switzerland, to be eligible for any kind of disability benefits, he/she must have been
a) born in Switzerland, or
b) born outside of Switzerland ONLY such that the mother had not been out of Switzerland for longer than 2 months before the birth.

Important to note that the 2 months are not counted forward from "date of departure from Switzerland" or from "date of arrival in Othercountry" until "anticipated due date for birth", but are counted retrospectively from "actual date of birth".

The mother gave birth two months and one day after she arrived in her home country. Because of this, this family lost the case against the Disability Office, and were not awarded any disability benefits for their child. No other arguments were admitted in court: nothing to do with family or cultural traditions or anyone's opinion that being with her family was better for the woman, etc., could be used to mitigate. The mother was away for more than two months before the birth, and that, alone, excluded her child from all disability benefits.

Last edited by doropfiz; 13.09.2017 at 14:35. Reason: typo only
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Old 13.09.2017, 02:53
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Re: Pregnant wife giving birth abroad while on sick leave from work

Swiss citizenship is not through jus soli but through jus sanguinis.
You can register Baby as Swiss, from birth only if either you or your wife is Swiss.

If you and she are not Swiss, and the child may later be naturalised as Swiss, it might make a difference - depending on what the laws say, at that time - whether or not the child was born in Switzerland.

See also https://www.ch.ch/en/registering-birth-abroad/

Last edited by doropfiz; 13.09.2017 at 03:04.
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Old 14.09.2017, 06:12
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Re: Pregnant wife giving birth abroad while on sick leave from work

Thank you for all your comments!
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