Maternity leave
Mothers subject to Swiss social legislation AVS
They have a right to at least 14 weeks leave (cf. article 329f of the Swiss Code of obligations) and receive maternity allowances for a period of 14 weeks and in the Canton of Geneva for a period of 16 weeks (see the information available on the website of the Geneva Cantonal Office for Social Insurances / “Office cantonal genevois des assurances sociales”).
The employer may not terminate a working contract during pregnancy and during the 16 weeks following the birth (cf. article 336c of the Swiss Code of obligations).
Mothers not subject to Swiss social legislation AVS
They cannot be employed during 8 weeks following the birth, after, and up to the 16th week, they can only be employed if they consent to it (cf. article 35a of the Federal Law on employment).
During this period, the employer must pay wages for a limited period including a fair indemnity for the salary in kind that has been lost, if the employment relationship lasted more than 3 months or was concluded for more than 3 months (cf. article 324a of the Swiss Code of obligations) (see also the informative note on payment of wages for a limited period).
The employer may not terminate a working contract during pregnancy and during the 16 weeks following the birth (cf. article 336c of the Swiss Code of obligations).
Paternity leave (as of January 1st, 2021)
Fathers who are subject to Swiss social legislation AVS are entitled to 2 weeks paternity leave and receive paternity benefits for this period from the date of birth of their child (cf. article 329g of the Swiss Code of obligations) (see the information available on the website of the Geneva Cantonal Office for Social Insurances / “Office cantonal genevois des assurances sociales”).
