Paternity Leave (Vaterschaftsurlaub)
Vaterschaftsurlaub is paid paternity leave granted to employees who become fathers. Federal law guarantees two weeks' leave at full pay within six months of birth. Employers cannot deny or delay it. The most common mistake is treating paternity leave as negotiable or unpaid—it is a statutory right.
Vaterschaftsurlaub (paternity leave) is paid time off granted to fathers to be present in the first weeks after their child's birth. It is anchored in the Swiss Federal Code of Obligations (Obligationenrecht, OR) and applies nationwide, though some cantons and collective labour agreements (GAV) offer more generous terms.
As an employer, you have a legal obligation to grant this leave. It applies to Swiss employees, residents with a work permit, and employees registered with a cantonal social insurance office. The leave must be taken within six months of birth.
When Vaterschaftsurlaub applies
Vaterschaftsurlaub becomes relevant the moment an employee notifies you that he is becoming a father. You are not required to ask for proof until after the birth, but most employers confirm the birth certificate once the child arrives to comply with cantonal or insurance requirements.
The leave applies to biological fathers, adoptive fathers, and—in some cantons and under certain conditions—same-sex partners listed as co-parents. Check your cantonal rules if the family structure is non-traditional; laws vary.
- Applicable from the moment of birth, not conception
- Must be taken within six months of birth (not extendable by law, though some GAV allow longer periods)
- Covers all employees, including part-time workers (Pensum percentage applies proportionally)
- Applies regardless of length of service
- Federal minimum is two weeks at 100% pay; some cantons (e.g. Zurich, Geneva, Vaud) mandate more
- Collective agreements (GAV) may offer additional days or higher percentages
Your employer obligation
You must pay the employee their full salary (Lohn) during Vaterschaftsurlaub. You cannot require the employee to use holiday (Ferientage) or time in lieu (Freizeitguthaben) first. The two weeks are a statutory minimum; you cannot reduce them or make them conditional.
Notify your social insurance provider (AHV/IV/FAK) so they process the contributions correctly. Some cantons require formal notification; check your cantonal rules. If your company is part of a multi-employer scheme (Vorsorgewerk), confirm their procedure as well.
- Maintain 100% salary for two weeks minimum (or canton/GAV requirement, whichever is higher)
- Do not deduct from holiday or flexi-time balances
- Report the leave period to your social insurance provider (AHV/IV)
- Update payroll and Arbeitszeugnis (employment certificate) to reflect the leave
- Keep documentation of birth notification and dates taken
- If your industry has a GAV, check for enhanced terms (some offer 4 weeks or more)
Most common mistake and how to avoid it
The single most common mistake is treating Vaterschaftsurlaub as a favour or a negotiation point. Employers sometimes ask fathers to 'make up' the time later, suggest using holiday days first, or delay approval until after the leave period passes. This is unlawful and exposes you to cantonal labour inspectorate (Arbeitsinspektorat) complaints and potential damages.
Avoid this by updating your HR templates and payroll system before you need them. Include Vaterschaftsurlaub in your employee handbook (Reglement). When an employee gives notice, approve the dates immediately, confirm them in writing with salary guarantee, and process them as scheduled—no conditions.
- Do not ask the employee to "compensate" by working extra hours later
- Do not require holiday days to be used concurrently
- Do not delay approval or make it contingent on business needs
- Do not reduce the employee's standard salary during the leave period
- Do not treat it differently for part-time employees (calculate pro-rata pay)
- Document your approval and keep birth notification for your files
Frequently asked questions
- Does paternity leave apply to part-time employees?
- Yes. A part-time employee on a 50% Pensum receives two weeks of leave at 50% of their regular salary (or the applicable canton/GAV minimum). The leave period itself is not reduced—only the daily rate is proportional.
- Can the employee split the two weeks or take them at a later date?
- Federal law permits flexibility within six months of birth, but your cantonal rules and GAV may set stricter terms. Some cantons require the leave to be taken consecutively; others allow splitting. Check your canton's Labour Code (Arbeitsgesetz) or contact your cantonal labour office.
- What if my company is too small to spare the employee for two weeks?
- Business size is not a legal exemption. Vaterschaftsurlaub is a non-negotiable right under Swiss law (OR Article 329f). Plan ahead if you know absences are coming. If cash flow is tight, consult a HR lawyer about whether temporary backfill or process adjustment is possible—but you cannot deny the leave itself.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.