Lawise

In addition to anticipation, pregnancy also brings with it important legal issues. What rights do pregnant women have at work? How does protection against dismissal work? This guide clarifies all important aspects of Swiss maternity leave, for Parental leave labor law and on the subject

‍Dismissal during pregnancy — for employees and HR managers.

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Maternity leave in Switzerland: an overview of your rights

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Employment ban and protective provisions

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The Swiss maternity leave covers all legal regulations to protect pregnant workers:

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Work bans:

8 weeks before birth (optional)
8 weeks after birth (mandatory)
Night work prohibited from 8 weeks of pregnancy
No work on Sundays without a medical certificate

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Health protection:

Heavy lifting over 5 kg prohibited
Protection against substances hazardous to health
Adapting hazardous workplaces

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Protection against dismissal: When you are protected

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Blocking period for termination during pregnancy

Swiss law offers comprehensive protection against Dismissal during pregnancy:

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Protection against dismissal applies:

During the entire pregnancy
16 weeks after giving birth
In case of adoption: 16 weeks after taking in the child

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Important exceptions:

trial period (first 3 months)
Termination without notice for good cause
Business closure or bankruptcy

The employer must be aware of the pregnancy for protection — it should be reported at the latest upon dismissal.

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Parental leave and parental leave

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Statutory claims

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Maternity leave:

14 weeks paid vacation
80% wage compensation (max 220 CHF/day)
Financing via income compensation scheme (EO)

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Paternity leave (since 2021):

2 weeks paid vacation
Flexible within 6 months after birth
80% wage compensation

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Adoption leave:

2 weeks for a parent
For children under 4 years of age
Within one year of adoption

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Negotiate extended parental leave

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that Parental leave labor law does not offer a legally guaranteed, longer parental leave. Longer breaks must be arranged individually:

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Tips for negotiating:

Communicate early
Propose flexible solutions
Make written agreements
Review collective employment agreements

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Implementation for employers

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Legal obligations

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Health protection:

Workplace risk assessment
Adjustment of working conditions
Report to compensation fund

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Best Practices

Extended mother/paternity leave
Flexible working models upon return
Family-friendly infrastructure
Clear internal guidelines

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Common questions

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Can I be terminated during maternity leave?

No, there is protection against dismissal up to 16 weeks after the birth.

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Can both parents take vacation at the same time?

Yes, maternity and paternity leave can overlap.

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How does pregnancy affect the trial period?

Protection against dismissal does not apply during the probationary period, but pregnancy must not be a reason for dismissal.

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conclusion

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The Swiss maternity leave provides important foundations for protecting families at work. Although the Parental leave labor law is still expandable, there are clear regulations for both sides.

Expectant parents should know their rights and communicate them early on. Employers benefit from family-friendly regulations through better talent retention. Die Dismissal during pregnancy is severely restricted — open communication creates the best basis for all parties involved.

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🔍 Would you like to know whether your employment contracts meet current standards?