If you are expecting a baby, your Swiss employer is obligated to follow certain rules to ensure that you have special rights in the workplace.
First of all, you are not legally required to inform your employer of your pregnancy (though it will become obvious as time goes by).
However, it is in your best interest to do so, as the company is obligated to provide a healthy and safe working environment for you and your child.
That’s because — even though Switzerland’s parental leave is not as generous as that offered in many other countries — employers are bound by law to provide special benefits to expectant mothers.
Here’s what you can expect…when you are expecting:
No overtime
If you work full-time, your day cannot exceed 9 hours, even if your employment contract allows this.
Not endangering your or your child’s health
You may only carry out activities that do not put you or your baby at risk. Your employer must ensure that there is no threat at the workplace to you and your unborn child.
In the event of a risk to your health or safety, your employer must offer you equivalent work that is safe and not overly demanding.
Daytime work
If you normally work at night, you can request to work during the day in the same, or equivalent, job during the first six months of pregnancy.
Further, it is strictly forbidden for pregnant women to work between 8pm and 6am during the eight weeks before giving birth.
If you usually work at night and your employer cannot offer you an equivalent position during the day, you are excused from work and are entitled to 80 percent of your salary.
The same applies in case of strenuous or dangerous work.
Rest time
You must have the possibility to lie down and rest during the day, in a separate room.
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Can you be fired during pregnancy?
No, you can’t.
Your employer cannot dismiss you while you are pregnant, or during the 16 weeks of maternity leave following the birth.
The company can, however, fire you if you are pregnant during your trial (or probation) period.
The only exception is a serious misconduct on your part — the same kind that would have you fired if you were not pregnant, like theft, for instance.
READ ALSO: The Swiss employment laws you need to know if you get fired
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Where can you turn for help if your employer is not complying with the law?
If your company has a collective labour agreement (CLA), it is highly unlikely that the employer would risk sanctions by breaking the rules spelled therein — whether relating to pregnancy or another matter.
You can report any violations to the union (if you have one) or your professional association.
Hopefully, you will not need to go any further but if you do, your last resort would be legal action, which would start with your local district court and go to higher courts from there, if necessary.
