Maternity leave
Maternity leave as such does not currently exist in Switzerland (except in
the Canton of Geneva).
Although there is a system of "maternity protection", it is regulated by
several different legal instruments. The reality is therefore often complex and
may differ substantially according to occupation and location.
At any rate, the
Swiss Labour Law bans work by mothers in the first eight weeks after childbirth.
From Week 9 to the end of Week 16, mothers may work only if they give their
consent. Continued payment of wages and salaries during maternity depends on
length of service.
Wages and salaries are paid for at least three weeks in the first year of
service. This period of continued payment is increased pro rata with seniority,
amounting to 16 weeks in many collective contracts.
Employers can also take out
maternity insurance. These insurance policies, which are often stipulated in
collective labour contracts, typically provide for a daily payment amounting to
80% of normal daily earnings for a period of 16 weeks.
Swiss law also includes
further measures to protect women during pregnancy and in the period immediately
after childbirth (time allowed for breast-feeding, a ban on discrimination,
organisation of working time, protection against dismissal, etc.).
Swiss law currently has no specific provisions for adoption leave. The
situation is different in the Canton of Geneva, in some cantonal and municipal
codes and in certain collective agreements. Your employer or trade union will be
pleased to supply information on this point.
Sick leave
As a general rule, employers require a medical certificate for any period of
absence due to illness lasting longer than three consecutive days.
The relevant
law requires employers to continue for a limited period to pay employees who are
prevented from carrying out their duties by illness. Unless a longer period is
stipulated by a specific agreement, the standard contract of employment or a
collective labour contract, employers must pay wages and salaries for three
weeks in the first year of service and for a reasonable longer period
subsequently, depending on how long the contract of employment has been in force
and on the specific circumstances (Article 324a of the Code of Obligations).
More information on this subject can be obtained from the State Secretariat for
the Economy.
Other kinds of leave
Switzerland has a number of different forms of leave guaranteed either by law
or in collective labour contracts, which are intended to make the world of work
more agreeable for employees. In particular, there is youth leave, which
guarantees all employees and apprentices under the age of 30 who commit
themselves to youth work without pay five additional work-free days per year.
Employers are also required to grant their employees the usual work-free days
and hours, for instance on marriage, on the birth of a child or children, on the
death of close relations or friends, or on moving house.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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