Maternity Leave in Switzerland: Rights and Benefits

Statutory Entitlement

Every employed mother is entitled to 14 weeks (98 days) of maternity leave after the birth (APG earnings replacement). Requirement: at least 5 months of AHV-liable employment in the 9 months before birth. The mother may return to work no earlier than 8 weeks (56 days) after birth; she may choose to stay off for up to 16 weeks.

Compensation Amount

APG compensation equals 80% of the average pre-birth earnings, capped at CHF 220/day (2026) = max CHF 6,600/month. For a salary of CHF 10,000/month: compensation = CHF 6,600 (due to the cap). Many employers and GAVs supplement APG to 100% for all or part of the leave.

Dismissal Protection and Return to Work

Absolute dismissal protection applies during pregnancy and for 16 weeks after birth (protection period, Art. 336c OR). Dismissal during this period is void. After the protection period and return to work, the mother is entitled to the same position or an equivalent one.

Paternity Leave and Parental Leave

Since 1 January 2021, fathers are entitled to 2 weeks (10 working days) of paid paternity leave, also funded through APG (80%, max CHF 220/day). It must be taken within 6 months of birth. Beyond this, there is no statutory parental leave in Switzerland; many employers voluntarily offer extended parental leave.

---

Frequently Asked Questions

How long is maternity leave in Switzerland?

14 weeks (98 days) from birth. Many employers offer 16–20 weeks voluntarily. Mothers may return no earlier than 8 weeks after birth.

How much do I earn during maternity leave?

80% of salary through APG, capped at CHF 220/day (2026). Many employers supplement to 100%.

Am I entitled to my job back after maternity leave?

Generally yes. You are entitled to the same or an equivalent position. During the protection period (pregnancy + 16 weeks after birth), dismissal is void.

What rights do I have if I am dismissed during or just after maternity leave?

Dismissal served during the 16-week post-birth protection period is void by law (CO Art. 336c), it has no legal effect and the employment relationship continues. After the protection period, dismissal is possible but if it is motivated by pregnancy or maternity, it qualifies as abusive dismissal under the Gender Equality Act (GlG Art. 3 and 10). The employer can be ordered to pay up to 6 months' salary as compensation. The burden of proof shifts: if dismissal occurs shortly after return from maternity leave, the employer must demonstrate that the reason was unrelated to the maternity. Document everything and consult a trade union or lawyer if facing dismissal within 12 months of return.