Pregnancy protection at work
Pregnancy protection in Switzerland means pregnant employees and new mothers have legal safeguards against dismissal, hazardous work, and certain duties. The law applies from the moment you know of the pregnancy through 16 weeks after birth. You must adjust working conditions, grant paid leave, and cannot terminate without canton approval.
Pregnancy protection (Schutz der Mutterschaft) is a set of employment law rules that shield pregnant employees and new mothers from dismissal, unsafe work, and excessive strain. Protection begins the moment the employee informs you of pregnancy and extends 16 weeks after delivery.
In Switzerland, this protection is anchored in the Labour Act (ArG Article 35a–35g) and the Maternity Insurance Act (MSV). Cantons implement these rules and set approval procedures for any dismissal during the protected period. Your obligations start immediately when you are notified.
When pregnancy protection applies
Pregnancy protection takes effect the moment the employee tells you she is pregnant—no official documentation required at that point. It continues until 16 weeks after the child's birth. Some cantons extend certain protections further; check your canton's labour office (Arbeitsinspektorat).
The protection applies equally to all employment forms: full-time, part-time, Pensum-based, fixed-term, and probation. Employees on probation enjoy the same safeguards. Your size or sector makes no difference.
- Protection begins on notification of pregnancy, not at a later medical confirmation
- Runs until 16 weeks after birth (some cantons extend this for specific duties)
- Applies regardless of Pensum percentage or contract type
- Your canton's Arbeitsinspektorat administers approval for any exceptions
- Probation does not exempt an employee from protection
- Part-time and fixed-term employees have identical rights
Your core obligations
You must adapt her working conditions immediately. This means assessing hazards—night shifts, heavy lifting, chemical exposure, standing for long periods—and removing or reassigning her. You continue paying her full salary while adjusting duties. No pay cut is permitted.
You cannot dismiss a pregnant employee or one on maternity leave without prior written permission from your canton's labour authority. Even with cause, dismissal is nearly impossible during this window. The burden of proof falls on you to show why dismissal serves a legitimate business need.
- Adapt or remove hazardous duties immediately upon notification (no probationary period applies)
- Pay full salary during any duty adjustments or restrictions
- Obtain written canton approval before any dismissal
- Grant 14 weeks paid maternity leave (at least CHF 80 per day from federal insurance, often supplemented by your company)
- Reinstate her in her original role or equivalent after maternity leave
- Do not ask for a medical certificate to 'confirm' pregnancy before taking action
Most common mistakes
The single biggest error is delaying duty adjustments while waiting for medical proof or thinking you have time to plan changes. Adapt immediately. Courts view delay as indirect discrimination. Do not reduce her Pensum percentage unilaterally or move her to a lower-paid role without consent.
A second mistake is trying to dismiss 'for business reasons' during pregnancy. Even economic hardship does not exempt you from the need for canton approval, which is almost never granted. Plan your staffing before relying on a pregnant employee's eventual return date.
- Waiting for medical evidence before adjusting duties is a breach—act on her word
- Cutting her Pensum or pay to ease her workload without her agreement exposes you to claims
- Assuming dismissal is possible 'just for cause' without canton approval
- Failing to document and communicate hazard assessments and duty changes in writing
- Not budgeting for maternity leave cover or assuming she will 'work through' pregnancy
- Treating maternity leave as optional or negotiable—it is a statutory right
Frequently asked questions
- Can I ask her to produce a medical certificate of pregnancy?
- Not before you act. The moment she tells you she is pregnant, your obligations begin. Requesting a doctor's letter to 'verify' before adjusting duties can be seen as discrimination. You may ask for a certificate later if needed for insurance or administrative purposes, but never as a condition of protection.
- What if she is on probation?
- Probation does not suspend pregnancy protection. She has the same rights as a permanent employee. You cannot dismiss her more easily during probation; you still need canton approval. Adjust her duties immediately and treat her as you would any pregnant employee.
- Who pays for the 14 weeks of maternity leave?
- Maternity insurance (part of the federal social insurance system) covers at least CHF 80 per day. Many Swiss employers top this up to 100% salary. Your company may also have a GAV or internal policy that sets a higher standard. Check your canton's insurance provider and any collective agreement that applies to your sector.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.