Family law: I am pregnant: who, between the employer and the insurer, pays my salary? 

Every woman who is active in the professional word is entitled to a salary during pregnancy and after childbirth for the duration of her maternity leave. 

But who, between the employer and the insurer, is responsible for paying the salary during this time?

A first distinction must be made between two situations: the period before and after childbirth. 

Before the delivery: 

In principle, a woman must work until the end of her pregnancy. She thus has the status of a “normal” employee from the beginning of the pregnancy until delivery, as if she were not pregnant. The employer pays the salary agreed in the employee’s employment contract. 

If the pregnant woman’s health condition requires it, a sick leave attested by a medical certificate is granted and the employer is obliged to pay the salary agreed in the employment contract (Article 324a of the Code of Obligations). 

As with any paid sick leave, the employer will pay the salary for a certain period of time. This period is set according to the existing contract and a scale depending on the employer and your years of service. 

 

After delivery: 

The law provides that following childbirth, “female workers are entitled to maternity leave of at least 14 weeks (or 98 days), to be taken in one go, without interruption” (Article 329 letter f CO). 

This article applies to any mother who has subscribed to an AHV fund in the nine months preceding childbirth at least, as well as to any mother who : 

  • is a full-time or part-time employee; 
  • works as a freelancer; 
  • is compensated by unemployment; 
  • works in his spouse’s business and is paid in cash;
  • is unable to work (due to invalidity, illness or accident) and is already receiving benefits from another fund.

 Thus, 80% of the worker’s salary will be paid during the entire period of maternity leave, with a daily limit of CHF 196. 

 

Who will pay me my salary? 

In principle, your employer is obliged to pay your salary during your maternity leave. The insurance pays him the amount that he will transmit you afterwards. 

In special cases, or if there is a dispute with your employer, the insurance will directly pay you the salary in the form of a maternity allowance. 

Do you have any doubts about your situation or need to clarify your entitlement to maternity benefit? Lawrence answers all your questions and assists you in your legal procedures!

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