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Your cleaner is pregnant: no dismissal until 16 weeks after birth, EO pays her leave

Salvador JovellsArt. 336c CO (fedlex)

Enter the due date and her wage: you see right away until when she is protected, when her maternity leave ends and how much the EO pays her.

Pregnancy planner

Canton Zürich: due date , wage  CHF an hour,  hrs a week.

Tap the date and numbers to change them: everything updates as you type.

Registered with the AHV?

Dismissal: not before 22 July 2027

She is protected against dismissal for the whole pregnancy and 16 weeks after the birth (art. 336c CO, once probation is over). A dismissal in that period is void. She herself may resign at any time.

PregnancyMaternity leaveProtection continues
Today
2 Nov
Birth
1 Apr
Leave until
7 Jul
Protected until
22 Jul

Maternity pay total (14 weeks)

CHF 2'503

Maternity pay per day

CHF 25.54

Who pays

The EO, not you

80% of her gross wage of CHF 958 a month (incl. holiday supplement). The compensation office pays the maternity allowance, funded by the EO contributions you already pay with her wage.

After the birth the maternity allowance is claimed from the compensation office, by her or by you on her behalf. Conditions: 9 months AHV-insured and 5 months in work before the birth.

In Clino you enter the maternity leave as an absence, and the payslips for those months come out right.

Start free, with CHF 34/h →

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Are you the one who is pregnant? Your right to maternity pay →

Pregnant woman in a green cardigan sitting by the window, one hand on her belly and a cup of tea in the other
When the cleaner is pregnant, after the probation period she cannot be dismissed until 16 weeks after the birth.

Protection period: when you cannot dismiss

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 give proper notice again at the earliest 16 weeks after birth.

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

Adjusting the work: what to change from today

A pregnant woman's hands holding small knitted baby booties over an open book
Not only when asked: adapting the work to the pregnancy is part of the employer's duty of care (Art. 328 CO).

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. If complications stop her working altogether, she gets continued pay as with illness. The following standards follow established maternity-protection practice:

Checklist: your obligations as an employer

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, but not because of the pregnancy: the Gender Equality Act forbids that (Art. 3 GlG), with compensation of up to 6 months' wages (Art. 5 GlG). 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.

Sources & further information

Learn more

Maternity Compensation as a Domestic WorkerRead article
Sick Pay for Your Household EmployeeRead article
Dismissing your household help: notice, protection periods, mistakesRead article
Paternity and care leave for household staff: calculatorRead article
Salvador Jovells

Salvador Jovells, founder of Clino