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Old 03.08.2009, 19:54
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Maternity Leave Rights

Hi all,

I just had a question for anyone in the know! I had kept 2 weeks holiday aside preceeding my due date, however I am under the impression that ifI have a doctors certficate to stop work which is looking more than likely, I would not have needed to keep these holiday leave days.

Can someone tell me what my rights are? In the UK if you are signed off sick in the 4 weeks up to your due date - you are automatically forced to start your maternity leave. However do I understand correctly that here in Switzerland, you start your maternity leave once the baby is born and if you are signed off by a doctor before that, that is official sick leave, not enforceable maternity leave?

If this is the case - am I right in thinking that if I am signed off by a doctor, these 2 weeks holiday I kept aside should be able to added onto my maternity leave instead?

Thanks for your help
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Old 03.08.2009, 20:33
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Re: Maternity Leave Rights

My experience is, that your maternity leave starts the day the baby is born.
I took some vacation days a month prior to giving birth, during my vacation I recieved the certificate from my gyno advising me to stop working.
The vacation days I was on, after the gyno visit, where changed to 'sick leave' and this lasted till the day my son was born, and then started the maternity leave.
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Old 03.08.2009, 22:17
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Re: Maternity Leave Rights

I can second that - maternity leavs starts form the day your baby arrives - if you are signed off sick then it doesnt count and you do not need to use your vacation
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Old 04.08.2009, 00:04
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Re: Maternity Leave Rights

Sick leave where a doctor signs you off as 100% sick does not in any way reduce your maternity leave. Your maternity leave will start as normal from the birth of your baby.

It is pretty much standard to be signed off as 100% sick from 38 weeks.
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Old 04.08.2009, 00:13
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Re: Maternity Leave Rights

If the OP is working at an NGO, that may be different. My experience working with someone who worked at an NGO is that the sick time she had to take before the baby was due was deducted from maternity leave.
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Old 04.08.2009, 10:33
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Re: Maternity Leave Rights

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If the OP is working at an NGO, that may be different. My experience working with someone who worked at an NGO is that the sick time she had to take before the baby was due was deducted from maternity leave.
I have heard this too for other companies that have longer maternity leave. I found out that they can't reduce the minimum 16 weeks leave. I was on bed rest for a few months then my maternity leave started from the birth.
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Old 04.08.2009, 20:07
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Re: Maternity Leave Rights

The law states that the maternity leave starts the day the baby is born. Then the legal minimum is 12 weeks maternity leave at 80% pay, with 8 weeks when you are stritcly not allowed to come back to work. Some companies offer more and it is different in some cantons. But throughout the country, the maternity leave only starts the day of teh baby's birth.

So, depending on how you feel and your relation with your doc, you may just think twice about using up your holidays prior to birth when the doc could actually be putting you on sick leave prior. Then you keep your holidays for the end of the maternity - which is what most do.

I have learned quite a bit about this as I am also due soon :-)

good luck!
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