Pregnant and ill: can maternity leave be reduced?
Pregnant and ill: can maternity leave be reduced?
"I'm pregnant and unfortunately I have health problems due to my pregnancy. For a while, I was completely unable to work and my doctor has now put me on part-time leave. I've heard that if I'm off sick for a long time, my employer can take away some of my holiday or even part of my future maternity leave? Is this true?"
Delphine, Gaillard
Since the new federal law on maternity leave came into force on 1 July 2005, working women have been entitled to fourteen weeks (98 days) maternity leave after giving birth.
During this period, the daily allowance paid by the compensation fund is equal to 80% of the average income from gainful employment, but no more than CHF 172 per day (CHF 5,600 per month), unless your company has more favourable collective agreements or employment contracts.
Furthermore, maternity leave cannot be reduced. The first day of maternity leave corresponds to the day of childbirth and cannot be brought forward. Absence during pregnancy cannot therefore be deducted from maternity leave.
Under no circumstances and under no pretext may an employer shorten the 14 weeks' maternity leave after the baby is born because of absence during pregnancy. If you were absent from work before giving birth due to illness, even if this was caused by your pregnancy, your employer must pay you your salary for these periods of total or partial incapacity.
As far as your holidays are concerned, the employer may not reduce them because of maternity leave, by virtue of article 329b paragraph 3 of the Code of Obligations, which also stipulates that if, during pregnancy, you are prevented from working for a maximum of two months, your holidays may not be reduced. It is therefore only from the third full month of absence due to pregnancy (excluding maternity leave) that your holiday entitlement may be reduced by 1/12th, then by a further 1/12th for each additional full month of absence.
