In Switzerland, the Erwerbsersatzordnung (EO, Income Compensation Act) grants working mothers 14 weeks of statutory maternity leave at 80% of their previous salary, capped at CHF 220 per day. The leave is mandatory — employers cannot permit the mother to work during the first eight weeks after giving birth. Self-employed women who contribute to the EO scheme are also covered. The benefit is funded through social insurance contributions, not by the employer directly.

Statutory entitlement

14 weeks of maternity leave at 80% of the average income earned before the birth, capped at CHF 220 per day. The benefit is paid by the Ausgleichskasse (compensation office) directly to the mother. The leave must begin on the day of birth and lasts 98 days.

Eligibility

All employees who have been employed or have contributed to the EO scheme for at least nine months immediately before the birth are eligible. Self-employed women who pay EO contributions are also covered. Women who are not gainfully employed but have a Swiss employer may qualify under certain conditions.

Employer obligations

  • Grant 14 weeks of maternity leave starting from the day of birth.
  • Prohibit the employee from working during the first eight weeks after birth (absolute employment ban).
  • Continue paying social security and pension contributions (AHV/IV/EO) during the leave period.
  • Maintain the employee's position and not dismiss her during pregnancy and maternity leave (protected period under OR Art. 336c).
  • Allow additional leave under cantonal or collective agreement provisions where applicable.

Employee rights

  • Right to 14 weeks of paid maternity leave at 80% of salary (capped at CHF 220/day).
  • Right to absolute protection from dismissal from the beginning of pregnancy until the end of maternity leave.
  • Right not to work during the first eight weeks after birth under any circumstances.
  • Right to return to the same or an equivalent position after maternity leave.
  • Right to benefit payments from the Ausgleichskasse regardless of the employer's financial situation.

Common pitfalls

  • Assuming the employer pays the maternity benefit directly — the EO benefit is paid by the Ausgleichskasse, not the employer. Some collective agreements require employer top-ups.
  • Forgetting the eight-week absolute employment ban — employers who allow the mother to work during this period face fines and liability.
  • Ignoring cantonal provisions — some cantons (e.g., Geneva, Basel-Stadt) offer additional leave days or benefits beyond the federal minimum.
  • Not checking the nine-month contribution requirement — employees with less than nine months of contributions may not qualify.

EO maternity benefit calculation

The maternity benefit is calculated based on the average income earned in the 12 months before the birth, capped at CHF 220 per day (CHF 3,300 per month as of 2026). The benefit equals 80% of the average daily income. The Ausgleichskasse pays the benefit directly to the mother every month during the 14-week leave period.

Employment protection

Pregnant employees and new mothers are protected from dismissal under OR Art. 336c. The protection period begins at the start of pregnancy and ends at the conclusion of maternity leave. Any dismissal during this period is void. Exceptions exist only for urgent grounds unrelated to the pregnancy, with prior approval from the cantonal authority.

Cantonal and collective variations

Several cantons provide additional benefits. Geneva offers 16 weeks at full salary for cantonal employees. Basel-Stadt and other cantons may top up the federal benefit. Collective labour agreements (GAV) in certain industries also provide supplementary maternity pay beyond the EO minimum.

Frequently asked questions

Is maternity leave paid by the employer?

No. The 80% maternity benefit is paid by the Ausgleichskasse (compensation office) through the EO scheme. Employers are not required to top up the benefit, though some collective agreements may require it.

Can a mother work during the 14-week leave period?

No, she cannot work during the first eight weeks after birth under any circumstances. From week 9 to week 14, work is only permitted with explicit medical approval and if the mother consents.

What happens if the baby is born prematurely?

The 14-week leave still begins on the day of birth. If the baby requires extended hospitalisation, the mother may be entitled to extend the leave in some cases under cantonal provisions.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.