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The above chapters contain all the details relevant to UNIGE employees. A short summary of the rules applicable to people working for another employer in Switzerland is provided below.
There is no legal obligation to notify a pregnancy to the employer, but the latter must take all the appropriate protection measures as soon as he/she is notified (see pp.) Maternity leave and work resumption can also be organised.
The principles below define the overall legal framework applicable to all persons employed in Switzerland.
—— After the trial period (1 to 3 months), employers cannot dismiss an employee during the pregnancy and the 16 weeks following the birth.
—— Work is prohibited during the 8 weeks following the birth (art.35a al.3 LTr).
—— Female employees are entitled to a maternity leave of at least 14 weeks, to be taken in one go after the birth (art. 329f CO). The leave begins on the day of birth. In Geneva, cantonal legislation provides for supplementary benefits that extend the maternity leave to 16 weeks. The leave begins on the day of birth.
—— Female employees are entitled to 80% of their salary in the form of daily allowances during their maternity leave, provided they have been insured under the AVS for the 9 months preceding the birth or have been working at least during the 5 months preceding the birth (AVS contributions or employment periods in EU/EFTA countries are taken into account art. 26 et 28 RAPG).
—— Different types of employment limitations are regulated by law (OLT, LTr).
Important: protection against dismissal and the right to paid or unpaid maternity leave must not be confused.
Federal law does not currently provide for remunerated paternity leave.
Such leave can however be provided for under employment contracts, collective labour agreements, company regulations or cantonal law. Inquiries must therefore be made to ascertain the existence of a right to paternity leave either with the employer or under cantonal law.