Pregnancy at work
- katarina@swissmums
- Oct 8, 2020
- 3 min read
Updated: Nov 5, 2020
The Swiss legal framework offers future mums a number of protective measures that employers have to follow. Some have to be put in place all the time (because you might not know that you are pregnant) so that you don't put yourself or your baby at risk, some can be arranged on request - that's why it is good to know what you can ask for.
1. No dangerous or onerous tasks
During pregnancy women are more exposed to stresses and injuries which arise through circumstances in the workplace.
Certain physical influences (e.g. x-rays), chemical substances (e.g. pesticides, solvents, carbon monoxide and lead) or biological factors (e.g. the rubella virus) can have serious consequences on the development of the foetus or cause premature births. Towards the end of the pregnancy onerous tasks (such as moving heavy loads, long periods of standing and inappropriate working hours) can have negative effects on the health of the expectant mother, who is more susceptible than usual to such factors, or the pregnancy. Employers are therefore required to ensure that pregnant women work in such a way and in such conditions that their health and the health of the child are not put at risk. The risk assessment should be undertaken before women are employed.
2. Evening and night shift work
During the first seven months of pregnancy, an employee who is required to work between 8pm and 6am must, on request, to be given equivalent work during a day shift. From the eighth week prior to the expected birth, women are not permitted to work between 8pm and 6am.
3. Replacement work and salary payment
Employers are required to offer pregnant employees equivalent replacement tasks without risks or equivalent day shift work. If the employer is not able to offer equivalent replacement work, employees have the right to not carry out their usual tasks and are entitled to 80% of their salary.
4. Consent, absence and working hours
The general principle is that a pregnant woman cannot be employed without her consent and she is to be relieved of any duties which she finds demanding, stressful or inconvenient. She can also stay home or leave work on simple notification however without a medical certificate an employer can decide to not to pay the salary for this time. The working hours may not be extended, and daily work may under no circumstances exceed nine hours. Source
4. Illness and salary
As is the case with illness or injury, the employer must pay a pregnant employee her salary for a limited duration if she cannot go to work due to her pregnancy. The pregnant woman must provide for a medical certificate. If the employee is in a permanent work contract, this must have been valid for a minimum of three months for her to have an entitlement to continued salary payment. If the employee has a fixed term contract, this must have been valid for more than three months.
Many employers have an insurance coverage for loss of earnings due to illness (check your employee handbook). A typical scheme is that your employer pays for your full salary for 30 days, then the insurance kicks in and they continue paying 80 or 100% of the salary. The insurer may request the right to contact your doctor for details of your illness, otherwise the salary is not paid. In case of no insurance, the duration of the continued payment of salary will be based on the number of years of service with the same employer. (Check more details in Source)
5. Holiday entitlement
The employer is allowed to reduce holiday entitlement only if the absence from work due to pregnancy has lasted longer than two months. This means that the reduction can only begin from the third complete month of absence from work. The reduction can amount to up to 1/12th for each complete month of inability to work, i.e. 1/12th after three complete months, 2/12ths after four complete months etc.
6. Resting room
If you work in a company with more than 20 women you have a right to requite a separate resting room where you can lie down and relax in suitable conditions. There should be at minimum two chairs with backrests and adjustable leg support. If you work in a smaller company you should have access to a comfortable chair or a couch at minimum and if there are other companies in the building then a shared resting room can be set-up.
Please contact me if you would like to hear my experience or if you would like to have more detailed information. Before taking any decisions impacting your work situation it is recommended to consult a legal professional. I can give you tip on where to seek one.
Sources:
1. SECO: Pregnancy and motherhood - Employee protection
2. Swiss Labor Law
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