Pregnancy - Work and Maternity Protection

In Switzerland, pregnant and breastfeeding women are well protected in the workplace. If your pregnancy is progressing normally, you can usually continue working until shortly before giving birth—if you wish. The law also ensures that neither your health nor that of your child is compromised. Here is an overview of the most important information—and what we as a practice can do for you. For the exact rules and amounts, the official sources are the best place to look (see below).

Protection in the Workplace

You are not required to notify your employer of your pregnancy. However, once you do, your employer must adjust your work duties so that neither you nor your child is harmed. Specifically, this means, among other things:

• Strenuous or hazardous tasks—such as heavy lifting, exposure to harmful substances, extreme heat or cold, or prolonged standing—must be modified; if this is not possible, you will be excused from work while continuing to receive 80 percent of your salary.
• Prolonged standing is restricted starting in the fourth month, and night work is not permitted during the final weeks before your appointment.
• Your daily working hours may not exceed nine hours.
• You may not be required to work beyond your normal working hours against your will.
• You must be able to lie down briefly and rest in a break room during the day.

An open conversation with your employer is almost always worthwhile—often a good solution can be found, such as a temporarily adjusted job or a reduced workload.

Fit to Work or Sick?

This is often a source of misunderstanding: Being pregnant does not mean you are sick. The usual symptoms of pregnancy are not a medical condition. We issue a medical certificate of incapacity for work—that is, a certificate entitling you to continued pay—only when there is a genuine medical reason. These include, for example, bleeding, a risk of premature birth (shortened cervix), insufficient fetal growth, a tendency toward high blood pressure, or a multiple pregnancy from approximately the 24th week onward.

Sometimes we are asked to issue a certificate solely for the purpose of effectively extending maternity leave. We cannot do this: A medical certificate must be medically justified, and we stand by that principle. However, we are happy to work with you to find a viable solution and advise you on your options.

Maternity Leave and Benefits

After giving birth, you are entitled to 14 weeks of maternity leave with 80 percent of your salary (maternity benefits). Important: The leave begins only on the day of birth—not before—and must be taken in one continuous period. During the first eight weeks after giving birth, you are not allowed to work at all; this is an absolute prohibition on work for your protection and to allow you to recover. You can find the exact conditions and amounts—and whether any special provisions apply in your case, such as if your child requires a longer hospital stay—at the official agencies. There is also a short paternity leave available for your partner.

Protection Against Termination

Throughout your pregnancy and for the 16 weeks following the birth, your employer may not terminate your employment. Any termination issued during this period is invalid.

Breastfeeding at Work

If you continue to breastfeed after returning to work, you are entitled to paid time off during work hours for breastfeeding or pumping during your child’s first year of life. And here, too, the rule applies: Breastfeeding employees may only be required to work with their consent.

What We Do for You

We assess your ability to work, issue the necessary medical certificates if required, and advise you if you have questions or encounter difficulties at work. For legal details and exact amounts, the official sources listed below are the best resources—but feel free to contact us anytime if you’re unsure.

Official Information

· SECO – Maternity Protection: Information for pregnant women, breastfeeding women, and new mothers in an employment relationship.

· ch.ch – Pregnancy, Maternity Leave, and Work (Federal Government and Cantons).