More Paid Leave to Care for Children and Relatives
As of January 1, 2021, fathers can take two weeks of paternity leave within six months of the birth of their child. The two weeks can be taken as a block or by the day.
Just as with paid maternity leave, paternity leave is funded via the Loss of Earnings Compensation Ordinance. The compensation is 80% of the average previous income, and it is paid on 14 days. Compensation is paid either directly to the employee or through the employer.
Caring for relatives
Previously, employees could take up to three days off work to care for a sick child. Depending on the specific circumstances, the employer had to exceptionally grant longer care leave. Only a very limited number of days off work could be taken to care for relatives who had suffered an accident or were ill.
As of January 1, 2021, employees are entitled to paid leave for the time needed to care for a family member or a partner with a health condition. The following persons are considered family members: relatives in an ascending and descending line, siblings, spouses, registered partners and parents-in-law.
Paid care leave to care for relatives is limited to three days per occurrence. A total of ten days of care may be claimed per year (Art. 329h Swiss Code of Obligations).
The annual leave entitlement of 10 days may also be exceeded in order to care for sick children (Art. 36 Swiss Labor Law Act). But this exemption provision only applies to employees who come under the Labor Law Act.
Caring for seriously ill children
As of July 1, 2021, employees will also be entitled to up to 14 weeks’ leave to care for a child whose health has been seriously impaired due to illness or an accident.
Leave may be taken as a block or by the day within a period of 18 months. The child’s parents may split the leave days among themselves. The question of whether a child is considered to have a severe health impairment is defined in the Compensation for Loss of Earnings Act (Art. 16o).
If a child is born seriously ill, statutory maternity and paternity leave take precedence. Only then is it necessary to check whether entitlement to additional care leave exists. Here, too, the care compensation is paid in the form of a daily allowance from the loss of earnings insurance and amounts to 80% of the average previous income from employment.
Statutory entitlement to care leave exists irrespective of deviating contractual agreements, so that it is always possible to provide employees with a more generous solution.
Employers should check whether existing employment contracts and personnel regulations still comply with the changes to the law or whether they need to be updated.