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Pregnancy & Law

My Cleaner Is Pregnant - What Now?

The news hits: your cleaner tells you she's pregnant. Can I terminate her? Do I still have to pay? What about the work? Don't panic - Swiss law covers this situation clearly. In this article, you'll learn step by step what rights and obligations you have as an employer, what the protection period means, and how maternity compensation works.

Answer in 30 seconds

No, you cannot dismiss her: after probation, a dismissal during the entire pregnancy and up to 16 weeks after birth is void (Art. 336c CO).

  • Maternity compensation: 14 weeks at 80% of salary, max. CHF 220/day - paid by the EO
  • Adjust tasks: no heavy loads, extra breaks, no hazardous cleaning agents
  • MSE is only paid if your cleaner is properly registered with AHV
See the 5 steps for employers

Key takeaways

  • 1Dismissal during pregnancy and 16 weeks after birth is void (Art. 336c CO).
  • 2Maternity compensation: 14 weeks at 80% salary, max. CHF 220/day - paid by social insurance, not you.
  • 3Health protection: no heavy lifting, right to rest breaks, no hazardous cleaning agents.
  • 4Your cleaner only qualifies for maternity compensation if properly registered with AHV.

5-minute plan: what to do right now

These five steps protect you legally - before you read any further.

1

Don't give notice

Dismissal during pregnancy is void (Art. 336c CO). Even a notice period already running is suspended - if you terminated today it would have no legal effect.

2

Confirm the news in writing

Note the date of disclosure and expected due date. Reply by WhatsApp or email - as proof and so your cleaner knows you're informed and supportive.

3

Adjust tasks immediately

No loads over 5 kg, no strong cleaning agents (chlorine, caustics), extra breaks - starting today. Your duty of care as employer (Art. 328 CO) requires these adjustments - the duty sits with you, not her.

4

Check AHV registration

Without proper registration there is no maternity benefit. Requirement: 9 months insured + 5 months employed before birth. Close gaps now if any.

5

Plan the 14-week maternity leave

Organise cover. The EO pays 80% of salary (max. CHF 220/day) - not you. Dismissal protection ends only 16 weeks after birth.

Detailed explanations, examples and FAQ below ↓

14
weeks maternity leave
80%
of salary (MSE)
CHF 220
max. per day (MSE)
16
weeks dismissal protection after birth

The 3 key rights of your pregnant cleaner

Swiss employment law comprehensively protects pregnant employees - even those employed in private households. You need to know these three rights:

Dismissal protection (protection period)

You cannot terminate the employment during the entire pregnancy and 16 weeks after birth. A dismissal during this time is void - it has no legal effect (Art. 336c CO).

Maternity compensation (MSE)

After birth, your cleaner receives 80% of her salary for 14 weeks (max. CHF 220/day). The money comes from the EO (income compensation fund) - not from your pocket (Art. 16b-16h EOG).

Health protection

Pregnant workers must not carry heavy loads, are entitled to additional breaks, and must not work with hazardous cleaning agents. In a private household this follows from the employer's duty of care (Art. 328 CO).

NOT permitted as employer

  • •Dismissal during pregnancy
  • •Dismissal within 16 weeks after birth
  • •Assigning heavy physical work
  • •Work with hazardous chemicals

Permitted as employer

  • •Jointly adjust working conditions
  • •Agree on mutual termination
  • •Plan cover for maternity leave
  • •Dismiss after the protection period expires

WhatsApp: Pregnancy notification

Maria

online

Hi, I need to tell you something important. I'm pregnant - due date is in October. I wanted to let you know as early as possible.

10:30

Congratulations, Maria! That's wonderful news! Thank you for telling me so early. Let's calmly discuss how to best organize things.

10:45

Thanks! I can continue working normally for now, but I shouldn't lift heavy things anymore.

10:52

Of course, your health comes first. We'll adjust the tasks accordingly. I'll also look into maternity protection and continued pay - we'll sort everything out properly.

10:55
Message

Protection period: when you cannot dismiss

The protection period is the most common pitfall for employers. It starts on the first day of pregnancy and ends 16 weeks after birth.

During this entire time, dismissal by the employer is prohibited. The employee herself may resign at any time - the protection period only protects her.

Pregnancy

Entire duration

Sperrfrist

Birth

Tag 0

Maternity leave

14 weeks / 98 days

80% Lohn (MSE)

Dismissal protection after birth

16 weeks

Sperrfrist

A dismissal during the protection period is void (Art. 336c para. 2 CO). This means: it has no legal effect - as if it was never given. A notice period that has already started is also suspended by the protection period and only continues after it ends.

Example: You give your cleaner notice on 1 March with a one-month notice period. On 15 March, you learn she has been pregnant since February. The dismissal is void. You can only give notice again at the earliest 16 weeks after birth.

Maternity compensation (MSE)

The Labour Act (and thus ArGV 1) does not directly apply to private households (Art. 2 ArG). What governs is your duty of care as employer (Art. 328 CO): you must actively adapt working conditions - not only when the employee requests it. The following standards follow established maternity-protection practice:

Pregnant employees must not be assigned work that endangers their health or that of the child. The duty to adapt conditions lies with the employer.

Checklist: your obligations as an employer

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Maternity compensation: who pays how much?

The good news: you as the employer do not pay maternity compensation yourself. The EO (income compensation fund) pays through the AHV compensation office.

80% of salary, max. CHF 220/day
14 weeks (98 days)
EO (income compensation fund) pays - not you as the employer
9 months AHV-insured + 5 months employed before birth

Important: only with proper registration

Maternity compensation is only paid if your cleaner is properly registered with AHV and contributions have been paid. No registration = no MSE entitlement. This is one of the most common reasons why domestic workers miss out - and the most important reason not to delay registration.

5 steps: what you should do now as an employer

Your cleaner is pregnant? Here's your roadmap - calm, clear and legally sound:

1

Stay calm - no reason to panic

A pregnancy is not grounds for dismissal and not a catastrophe. The law covers this situation clearly. Take a breath and inform yourself - which is exactly what you're doing right now.

2

Adjust working conditions

No carrying heavy buckets, no aggressive cleaning agents, allow regular breaks. Talk openly with your cleaner about what she can still comfortably do (duty of care, Art. 328 CO).

3

Plan the maternity leave

Clarify the expected due date and plan a replacement for the 14 weeks of maternity leave. This avoids stress on both sides.

4

Register MSE with the AHV compensation office

After birth, you (or your cleaner) register the maternity compensation claim with the responsible AHV compensation office. Requirement: proper AHV registration and at least 9 months insured.

5

After maternity leave: return or mutual termination

After the 16-week protection period expires, you can decide together: continued employment or mutual termination. Dismissal is possible again from this point - but always with the proper notice period.

Sources & further information

Properly registered = no stress with pregnancy

If your cleaner is properly registered, you have nothing to worry about in case of pregnancy: the EO covers salary continuation, and you're legally protected. Clino prepares registration, contract and all payroll - in 10 minutes.

Register properly now →

Frequently asked questions

Can I dismiss my pregnant cleaner?
No. During the entire pregnancy and 16 weeks after birth, a protection period applies (Art. 336c CO). A dismissal during this time is void - it has no legal effect whatsoever.
What if she was only recently hired?
The protection period applies once probation has ended (Art. 336c CO) - from then on regardless of how long the employment has existed. During probation (usually the first month), termination remains possible despite pregnancy. For MSE she additionally needs 9 months of AHV insurance and 5 months of employment before birth.
Who pays the maternity compensation?
The EO (income compensation fund), financed through AHV contributions. Not you as the employer. You continue paying your normal AHV contributions (AHV/IV/EO: 10.6% of gross pay, borne half each by you and your employee) - the MSE is then paid out by the compensation office.
What if she doesn't want to come back after maternity leave?
The employee can resign at any time - even during pregnancy or maternity leave. If she doesn't want to return, you can mutually agree to terminate the contract, or she resigns herself with the agreed notice period.
Does the simplified procedure cover MSE contributions?
Yes. The simplified billing procedure (for domestic workers earning up to CHF 22,680/year per employer) includes all social insurance contributions - including the EO, which funds maternity compensation. As long as your cleaner is properly registered, she is covered.

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Salvador Jovells

Salvador Jovells, founder of Clino

Verified July 2026