Maternity and Paternity Leave: Entitlements and Return

After the birth there is an entitlement to 14 weeks of maternity leave, of which at least eight weeks directly after the birth. The income replacement is 80 percent of salary, capped by the maximum amount of the income replacement scheme.

• Duration of drawdown: 98 daily allowances, which must be drawn within a defined framework.
• Conditions: nine months of AHV contributions, of which five months during the pregnancy; registration with the responsible family allowances fund.
• Employer benefit: many employers pay 100 percent or top up – that is in the contract or collective agreement, not in the law.

Important: protection from dismissal applies throughout the pregnancy and for 16 weeks after the birth (Art. 336c CO).

Since 2021 fathers and partners in same-sex partnerships have an entitlement to two weeks of leave, likewise with 80 percent income replacement.

• Drawdown: within six months of the birth, in one block or day by day.
• Conditions: the same AHV contribution requirements as for maternity.
• Employer: additional benefits are widespread but voluntary.

Anyone taking the leave day by day should plan this early with the employer – otherwise payroll becomes complicated.

The return is the genuinely delicate part. Clarify in writing before the leave:

• Workload: return at 100 percent or a reduction? There is no statutory entitlement to part-time work – negotiate early.
• Tasks: the same function or an adjustment? A downgrade without consent is not permissible.
• Salary: with a reduced workload the salary falls pro rata; allowances and variable components must be clarified.
• Protection from dismissal: ends 16 weeks after the birth – thereafter the ordinary periods apply.

In practice a conversation eight weeks before the return is advisable, with a short written outcome.

Organising childcare is a private matter – but it influences professional availability. Plan realistically:

• Childcare places: waiting lists are long; in many cantons registration before the birth is customary.
• Working hours: early and late shifts, travel and on-call duty cannot always be reconciled with childcare – raise this openly.
• Breastfeeding: during the breastfeeding period there is an entitlement to paid breastfeeding breaks; duration and design are regulated by law.

Employers value concrete details ("childcare from March, assignments from 7 a.m. possible") more than general promises of flexibility.

Family periods are part of normal CVs today. Two rules:

• Name it, do not hide it: "Maternity leave, March to June 2026" is a complete entry. An empty line raises questions.
• Do not inflate it: 14 weeks do not become a "career break with further training" if that was not the case.

In the interview: questions about pregnancy or family planning are not permissible. Questions about availability are permissible – answer those factually.

Re-entry is rarely a jump back to the old position. What helps:

• First year: stability before advancement – reliability and results count more than visibility.
• Further training: a short course during or right after the break keeps specialist competence visible.
• Network: maintain contact with former colleagues and managers – internal moves run through relationships.
• Increasing the workload: after the childcare phase an increase is often possible; raise it actively instead of waiting.

Anyone who approaches the return as a project with goals – workload, further training, next role – gets back on track faster than someone who simply "comes back".