Terminating a Pregnant Employee
Under Swiss employment law (ArG), terminating a pregnant employee is heavily restricted. Dismissal during pregnancy, maternity leave, and a four-week period after return is nearly always unlawful unless you obtain cantonal authority approval first. The most common mistake is treating pregnancy like any other performance issue.
Pregnant employees in Switzerland enjoy special legal protection against dismissal. This protection applies from the moment pregnancy is disclosed until four weeks after maternity leave ends. Any termination during this window requires written approval from your cantonal labour office (Amt für Wirtschaft, Arbeit, or equivalent depending on your canton).
This rule exists in all cantons and is non-negotiable, even for serious misconduct. Many employers assume they can dismiss for legitimate business reasons during pregnancy—they cannot without cantonal permission.
When This Comes Up
Pregnancy termination questions arise when an employee announces pregnancy or when you discover she is pregnant mid-contract. It also comes up if you want to end a fixed-term contract or reduce a Pensum during or shortly after pregnancy.
The protection period is legally defined: from announcement through four weeks after maternity leave. In most Swiss cantons, maternity leave is 14 weeks; check your canton's specific rules as they vary slightly.
- Employee announces pregnancy or you become aware of it
- Fixed-term contract expires during pregnancy or early maternity period
- Performance issues arise while she is pregnant or on maternity leave
- You want to reduce Pensum or restructure her role
- Redundancy or company closure happens during protected period
- Probation period expires during pregnancy
Your Legal Obligation
You must not terminate any pregnant employee without prior written approval from your cantonal labour office. This applies regardless of reason: performance, redundancy, restructuring, or contract expiry. Submit a formal request with full documentation; approval is rare and only granted in exceptional cases.
Even with approval, you must issue notice in writing and respect all statutory notice periods. Verbal or informal terminations carry no legal weight and expose you to substantial wrongful dismissal claims.
- Obtain written cantonal authority approval before any dismissal
- Document the reason for termination thoroughly (performance, redundancy, etc.)
- Submit formal request to your cantonal labour office with supporting evidence
- Respect statutory notice periods even if approval is granted
- Pay all accrued salary, holiday, and 13. Monatslohn (where applicable under GAV)
- Issue an Arbeitszeugnis unless she requests otherwise
The Most Common Mistake
Employers often assume that pregnancy is a separate issue from job performance, and that serious misconduct overrides maternity protection. It does not. Even if an employee commits theft or gross insubordination during pregnancy, dismissal without cantonal approval is wrongful and exposes you to reinstatement claims and damages.
A second frequent error is allowing a fixed-term contract to expire 'naturally' without realising this counts as dismissal and requires approval. Always consult your cantonal labour office if any contract ends during the protected period.
- Assuming serious misconduct overrides pregnancy protection (it does not)
- Treating contract expiry as automatic when employee is pregnant
- Failing to document the business reason before seeking approval
- Dismissing informally and hoping the employee does not challenge it
- Reducing Pensum or reassigning duties without written cantonal sign-off
- Delaying notification to the labour office in hopes the issue goes away
Frequently asked questions
- Can I dismiss a pregnant employee for redundancy or company closure?
- No, not without cantonal authority approval. Redundancy and company closure are not exceptions to maternity protection. You must submit a formal request to your cantonal labour office, even if the closure is genuine and affects all staff. Approval is very unlikely unless you can demonstrate that the business ceases entirely and no alternative role exists.
- What if the fixed-term contract was already signed before she told me she was pregnant?
- The contract end date still falls under maternity protection if pregnancy was announced before expiry. You cannot simply let it expire. Contact your cantonal labour office immediately if a fixed-term contract ends within four weeks after maternity leave begins. This applies even if the contract term predates the pregnancy announcement.
- How long does cantonal approval take, and what if they say no?
- Timelines vary by canton, but expect two to four weeks. If the cantonal labour office denies approval, you cannot dismiss the employee. If you proceed anyway, the dismissal is unlawful and you face reinstatement orders, back pay, damages, and legal costs. Keep all correspondence with the labour office in your HR file.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.