Maternity & Paternity
Maternity and paternity leave: what are your rights?
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Maternity leave and allowance (AMat)
What is it?
- Benefit granted in the form of per diems during maternity leave.
- According to the federal law on allowances for loss of income during maternity leave, mothers are entitled to paid maternity leave of 14 weeks (equivalent to 98 days) at 80% of the average AVS-liable income they made before the birth of their child (to a maximum of CHF 196 per day), to be taken in one go after delivery (leave taken after child birth is not divisible). This is the federal mandatory minimum throughout Switzerland, but depending on the employer, the benefit may be higher than under federal law.
- At the University of Fribourg, as well as the FNS, these allowances are paid for a maximum of 16 weeks; entitlement starts as of the date of delivery (see Parental leave).
- For employees paid on an hourly basis, maternity benefit is calculated based on average income over the past 6 months.
- It is possible to take additional weeks of unpaid leave.
- In all cases, in the first 8 consecutive weeks after delivery, mothers are not authorised to work. They do not have to present a medical certificate.
How is the allowance paid?
- If the employer provides payment of salary during maternity leave, the compensation fund pays the maternity allowance to the employer. In other cases, it is paid directly to the claimant.
Circumstances
- To be entitled to maternity allowance, the claimant must be liable to pay the obligatory insurance within the meaning of the law on benefits (AVS) in the nine months immediately preceding the birth of the child. This period is reduced in the case of premature birth.
- She must have carried out gainful employment for at least 5 months during this period. Periods of employment and insurance carried out in an EU or EFTA member state are taken into account in this calculation.
Beneficiaries
- Any mother (in the legal sense) whose professional status, at the birth of the child, corresponds to the definition of an employee; self-employed person; unemployed person entitled to claim per diems under unemployment benefit; unable to work due to illness, accident or disability as long as an employment relation exists; working within an employment relation, even if her salary entitlement is finished.
- Entitlement to AMat ends earlier if the mother returns to work before the end of maternity leave. You can claim unpaid maternity allowance for up to five years after the end of maternity leave. Entitlement lapses after this period.
Application
- In general, for employees, the adminstrative measures for maternity allowance applications must be coordinated with your employer, as the allowance is paid by them.
- Contracts at the University of Fribourg: apply to the personnel department via myunifr.
- Grant recipients: apply to the FNS or the institution concerned.
- In all other cases, the application (and payment) is made directly at the compensation fund you pay your contributions to.
You should also know that...
- Depending on the employer, the maternity leave period may be longer and the allowance may correspond to 100% of salary. To work out whether you are entitled to greater cover than the mandatory federal minimum, you must refer to your employment contract and the applicable personnel law or regulation.
- If your contract ends during your maternity leave, AMat is paid by the employer up to the end of the contract. Then, AMat is paid to you by the relevant compensation fund for up to a maximum of 14 weeks after delivery, but only at 80% of final salary.
- Under the Obligations Code (OC), during maternity leave, the employer is not entitled to terminate an employment contract.
- According to the RPers of the State of Fribourg Art. 46(f) and (g), dismissal is unfair if it is due to pregnancy, maternity leave or work incapacity due to pregnancy or maternity; similarly, if this happens throughout the pregnancy, except for trial periods subject to Article 44 (principle of dismissal on proper grounds).
- Maternity leave does not result in any reduction in holidays.
- Some cantons provide additional provisions. The canton of Fribourg grants cantonal maternity allowances, additions to the federal maternity allowance, to women in a poor economic situation at the birth of their child. This is an additional maternity allowance and maternity allowance in case of need. Payment is made on application through the official forms at the relevant compensation fund.
- If your child has to be hospitalised for some time after birth (at least three weeks), you can ask the Unifr personnel department for payment of the allowance to start once the child is taken home.
- In the case of adoption, Swiss federal law does not provide a maternity allowance. But some cantons grant an adoption allowance subject to resources and limits on the age of the child. You also need to see your employment contract, the collective bargaining agreement or the laws and regulations on staff, to know whether your employer provides paid leave in the case of adoption (see Leaves of absence).
- The University of Fribourg grants paid leave of 12 weeks in the case of adoption for female employees (at 100% of salary).
- For FNS contracts, grant recipients are entitled to 8 weeks of paid leave in the case of adoption (at 100% of salary).
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Paternity leave and allowance (APat)
What is it?
- Benefit granted in the form of per diems once paternity leave is taken.
- Under the federal law on allowances for loss of income during paternity leave, and from 1 January 2021, fathers are entitled to paid paternity leave of a maximum of 2 weeks (equivalent to 14 per diems) at 80% of the average AVS-liable income they made before the birth of the child (to a maximum of CHF 196 per day) to be taken at one time or in the form of individual days, as of the date of birth of the child and within the child's first six months. This is the mandatory federal minimum throughout Switzerland, but depending on the employer, the benefit may be higher than under federal law.
- At the University of Fribourg, these benefits are paid for a maximum of 2 weeks (entitlement starts as of the date of birth) and corresponds to 100% of the salary earned before the birth.
- The FNS gives grant recipients 4 weeks of leave (on 100% of salary).
- For employees paid on an hourly basis, paternity benefit is calculated based on their average income over the past 6 months.
- It is possible to take additional weeks of unpaid leave (see Parental leave).
How is the allowance paid?
- If the employer provides payment of the salary during paternity leave, the compensation fund pays the paternity allowance to the employer. In other cases, it is paid directly to the claimant.
Circumstances
- For entitlement to paternity allowance, the claimant must be the legal father of the child at the time of their birth or become the legal father in the following six months.
- He must be liable to pay the obligatory insurance within the meaning of the law on benefits (AVS) in the nine months immediately preceding the birth of the child. This period is reduced in the case of premature birth.
- He must also have been gainful employment or in receipt of an allowance for loss of income for at least five months during this period. Periods of employment and insurance carried out in an EU or EFTA member state are taken into account.
Beneficiaries
- Any father (in the legal sense) whose professional status, at the birth of the child, corresponds to the definition of an employee; self-employed person; unemployed person entitled to claim per diems under unemployment benefit or carrying out work and unemployed without allowance but having a sufficient period of contributions paid to be entitled; unable to work due to illness, accident or disability as long as an employment relation exists; working within an employment relation, even if his salary entitlement is finished.
- Entitlement to APat ends after the receipt of 14 per diems at the latest at the end of the six-month time frame following the birth of the child. You can claim unpaid paternity allowances for up to five years after the end of the six-month time period. Entitlement lapses after this period.
Application
- For employees, the adminstrative measures for paternity allowance claims must be coordinated with your employer, as the allowance is paid by them.
- Contracts at the University of Fribourg: apply to the personnel department via myunifr.
- Grant recipients: apply to the FNS or the institution concerned.
- In all other cases, the application (and payment) is made directly at the compensation fund you pay your contributions to.
You should also know that...
- Depending on the employer, the paternity leave period may be longer and the allowance may correspond to 100% of salary. To work out whether you are entitled to greater cover than the mandatory federal minimum, you must refer to your employment contract and the applicable personnel law or regulation.
- If your contract ends during your paternity leave, APat is paid by the employer up to the end of the contract. Then, APat is paid to you directly by the relevant compensation fund for up to a maximum of 2 weeks, but only at 80% of the final salary.
- Under the Obligations Code (OC), paternity leave is not limited by other entitlements; the termination period is extended if the employer terminates the employment contract even though you have not taken your entire paternity leave.
- Your holidays cannot be reduced by paternity leave.
- In the case of adoption, Swiss federal law does not provide a paternity allowance. But some canton grant an adoption allowance subject to resources and limits on the age of the child. You also need to see your employment contract, the collective bargaining agreement or the laws and regulations on staff, to know whether your employer provides paid leave in the case of adoption (see parental leave).
- The University of Fribourg grants paid leave of 4 weeks in the case of adoption for male employees (at 100% of salary). From 1 January 2022, with the revision of the LPers, male employees, like female employees, will be entitled to 12 weeks.
- FNS grant recipients are given paid leave of 8 weeks in the case of adoption (at 100% of salary).
Maternity allowance supplement (French)
Paternity allowance supplement (French)