Employer guide to parental leave in Switzerland: rules, pay and responsibilities

Understanding parental leave in Switzerland is essential for international employers with local staff. While Swiss law offers clear entitlements for maternity and paternity leave, parental rights remain less comprehensive.

Employers must be aware of wage support, notice requirements, and protections against dismissal. For companies without a Swiss entity, a Swiss Employer of Record (EOR) can manage these responsibilities and ensure full compliance with local regulations.

Maternity leave in Switzerland

Swiss employees are entitled to a minimum of 14 weeks of maternity leave, paid at 80% of their average salary. This benefit is provided by the Swiss social insurance system (EO/APG), not by individual employers. To be eligible, employees must have been paying into the insurance for at least nine months before giving birth.

Employers must continue their part in wage contributions and may need to advance the maternity pay until EO/APG reimbursements are processed. During pregnancy and maternity leave, employees are protected from dismissal by law. This protection begins from the start of pregnancy and extends for 16 weeks after birth.

To comply, employers must:

• Continue benefit contributions during leave
• Reinstate the employee seamlessly after maternity leave
• Avoid any employment changes that disadvantage the employee.

Failing to fulfill these obligations carries risks of legal claims and financial penalties.

Paternity leave: recent updates and employer duties

Since 1 January 2021, Swiss law guarantees two weeks of paid paternity leave, now referred to as “leave for the other parent.” This entitlement must be used within six months of the child’s birth and provides 80% of the parent’s average income, up to a daily cap of CHF 220, with a maximum total benefit of 14 daily allowances.

Notably, public-sector employers in franchise regions such as Fribourg have extended this to 40 days in some cases.

Swiss employers must accurately track these leave requests, integrate the correct allowance amounts through EO/APG, and ensure that pay is adequately processed, either in advance or later reimbursed.

Moreover, employment protections must remain in place during the leave period; dismissal is generally prohibited except under exceptional circumstances. Detailed record-keeping of leave periods and payments is crucial for maintaining compliance and preventing disputes.

Parental leave: current landscape and limited options

Switzerland does not currently offer a formal system of shared parental leave beyond maternity and paternity leave. Parents may take advantage of local breastfeeding breaks or unpaid leave, which can be negotiated individually or through collective agreements.

There is growing public and political interest in expanding parental leave. Some regions and companies now offer additional benefits voluntarily, but the law itself remains unchanged. Employers should monitor new developments and be prepared to adapt leave policies accordingly.

Employer responsibilities for parental leave

Managing parental leave in Switzerland is more than just approving time off, it involves a range of employer responsibilities that must align with Swiss labour law. From ensuring job protection to coordinating with national social insurance (EO/APG), businesses must take a proactive and structured approach.

Accurate documentation, fair treatment, and proper payroll handling are not only legal requirements but also key to maintaining trust and compliance within the workplace. This section outlines what employers need to know when supporting team members through maternity or paternity leave.

• Notification and documentation: Employees must formally request leave and provide medical documentation to support their maternity leave. Employers must process these requests in writing and keep accurate records.
• Job protection and reintegration: Swiss law safeguards job security during maternity and paternity leave. Employers must rehire employees at the same level of pay and under the same conditions. Before leave begins and upon return, employers need to confirm key return-to-work arrangements.
• Payroll and benefits: Employers must proactively handle wage advances for EO/APG payments. This includes continuing benefit deductions, such as AHV contributions. Late or incorrect wage administration can lead to employee claims or EO/APG reimbursement delays.
• Contract adjustments and Fair treatment: Employment contracts may need temporary amendments to reflect leave handling. Care must be taken to avoid discrimination, whether intentional or not, in parental leave policies or behaviour.

Supporting parental leave in Switzerland requires employers to fulfill several legal and practical duties, including processing leave requests, securing job reinstatement, managing payroll, and contractual details.

Missteps can result in legal challenges or delayed reimbursements, but a well-managed leave process helps protect both the business and employee rights. By staying organised, informed, and fair, companies can ensure compliant and respectful parental leave practices that align with Swiss employment standards.

How a Swiss Employer of Record ensures compliance

A Swiss Employer of Record (EOR) provides a comprehensive solution for companies without a Swiss legal presence.

• Leave entitlement management: An EOR drafts leave policies in line with Swiss statutes and ensures employee eligibility is checked and documented.
• Payroll administration: EOR handles salary advances for employees, deducts contributions, and manages EO/APG reimbursements. Payslips cover leave, and statutory deductions are executed correctly.
• Contract and legal compliance: EOR drafts or updates employment contracts and handles required amendments during leave. Local expertise ensures compliance with EO/APG, AHV, and other regulations.
• Reintegration support: The EOR coordinates the return-to-work process, ensuring no loss of role or pay occurs. It also manages any reintegration accommodations that may be required.

For international businesses, partnering with a Swiss EOR removes the need to manage complex leave procedures and statutory requirements. It allows them to offer compliant leave benefits without local legal presence or internal HR resources.

Know your employee rights

Switzerland provides statutory maternity leave of 14 weeks and paternity leave of two weeks, with future developments in shared leave anticipated. Employers must manage wage advances, maintain benefit contributions, uphold job protection, and document leave effectively.

For businesses lacking a Swiss legal entity, a Swiss Employer of Record can manage these compliance responsibilities end-to-end, without the need to establish a local presence. An EOR ensures legal compliance, reduces administrative workload, and provides employees with smooth and protected leave experiences.

Contact us to discover how our Swiss EOR solution can support compliant parental leave management, enabling your business to provide statutory benefits while staying fully compliant with Swiss employment law.