This information note does not concern the women who are submitted to the Swiss social legislation (AVS/AI/APG/AC). The mothers who are submitted to AVS have a right to at least a 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. For more information on maternity allowances, please consult the Website of the Caisse cantonale genevoise de compensation AVS.
Length of maternity leave
Article 35a, subparagraph 3, of the Federal Law on employment stipulates that "women who have given birth cannot work during 8 weeks following the birth; after, and up to the 16th week, they can work if they agree".
Salary during the maternity leave
Article 324a of the Swiss Code of obligations stipulates "if an employee is unable to work for personal or physical reasons beyond his or her control, such as sickness, accident, fulfilment of a legal obligation or a public duty, the employer must pay wages for a limited period including a fair indemnity for the salary in kind that has been lost; the employer has the same obligation in the event that an employee becomes pregnant". In addition, please consult the information note on wages for a limited period.
Termination of the work contract
Article 336c of the Swiss Code of obligations specifies that the employer may not terminate a work contract during pregnancy and during the 16 weeks following the birth
Working conditions during maternity
Please refer to articles 35 et 35a of the Federal Law on employment.