Some good advice in this thread already. =)
I would not personally give notice until after you've had your baby. Based on what I have observed in a number of situations here in Switzerland, even the most wonderful job can turn out to not be so wonderful once this news is shared. Pregnancy can be a tough time for many of us and the last thing you need is an unpleasant work situation until you give birth and go on leave.
It's one thing to consider choices that ensure you still receive your maternity leave because you've worked the required months during your pregnancy. It's another to consider that you may not be treated so well as a result of the news. Most likely you'll be fine. But I've seen situations where this is not the case and to me, your health and your baby's health warrants a bit of extra caution.
Good luck!
This is great info, thank you Jot!
That's not what it says.
"the employee loses her entitlement to loss of earnings compensation
upon maternity"
"Loss of earnings compensation" is unemployment payments.
Tom
Legally, possibly, but many companies are more generous than they are required to be, which is why it is worth having a conversation with HR to see what their policy is, and of course getting everything in writing. The OP has already indicated that her employer tops up the minimum maternity insurance out of their own pocket, so it's not unreasonable to imagine that they have more generous termination provisions. Or conversely they might take the view that if she isn't coming back they don't need to be more generous. You don't know until you ask. The legal situation gives a worst case scenario, and if need be you have to act in your own interests, but if you can have a frank discussion with HR about options and implications this can reduce stress and uncertainty on both sides.
I know this from experience, and I doubt my company is/was the only company in Switzerland to adopt a more enlightened and generous policy than they are legally required to. My contracted notice period = 6 months, which makes it tricky to wait until after the birth! It's also worth knowing that breastfeeding mothers have some legal protection and cannot be compelled to return to work (no idea how you prove you're breastfeeding!), so even if the situation arose that the OP should in theory go back to work for a short period to fulfil contract terms, if she is breastfeeding she would not have to (to the best of my non-expert understanding).
I understood that to equate to maternity pay... but stand corrected - thank you!
However, upon second reading of other points in the booklet it appears (to me at least) that "loss of earnings compensation" relates not only to unemployment but rather to illness, invalidity, etc..
Yeah I didn't know that! FAQ #16 and #19 in the booklet:
Actually I think you are not strictly correct... loss of earnings compensation (Erwerbsausfallentschädigung is the word used in the German version of the leaflet) can take several forms (including maternity pay as well as unemployment payments). From here (sorry I could only find this in German):
So to be eligibly, you must:
- have paid AHV for the 9 months previously
- have worked at least 5 months thereof
- still be in paid employment (or self-employment) at the time of the birth.
The devil is in the detail. So if your contract actually ends before the birth (as distinct from giving notice before the birth to terminate your contract after the birth) you lose your entitlement to maternity payments.
As other posters have said, many employers give more than the legal minimum required support.
Personally I would still tread with caution, regarding officially tendering your resignation (or even 'officially' talking about it with HR). I have friends on both sides, those who have been treated exceedingly well, and those who haven't and whose remaining employment with an otherwise friendly employer have turned into a nightmare!
I'll stop hijacking this thread now
Good luck to the OP
Actually you are not correct & I speak from personal experience. I was a contractor when I had my son, my contract ended when I left to have him. That is I had no paid employment or employment contract at all and I was still entitled to full maternity benifits as the insurance for me had been paid. Once I decided to go back to work I could also sign onto the RAV & I recieved full unemplyment benifits too. It is possible that since I had my son a few years ago the law has changed and you are correct after all.
Fair enough! Not trying to get into a battle of who is "correct" or not - honestly just trying to help with the original question, backed up with information from reliable sources.
It's clear that there are widely differing individual circumstances and sometimes complex rules governing the social benefits available in such cases, and I certainly don't claim to be an expert on the matter so apologies for any confusion - certainly not intended.
Another good source of info, if you read French or German, written in slightly less ambiguous terms from
Travail.Suisse (the independent umbrella organisation for matters working and employment).
Sorry for the repeat posting but I feel very sheepish if I've inadvertently given or deduced false info previously! :
Giving notice during pregnancy:
http://www.infomutterschaft.ch/in_er...haft_kuendigen
Entitlement to maternity benefit:
http://www.infomutterschaft.ch/das_k..._auf_taggelder
Note for LauraG: Here they advise reaching an agreement with your employer to terminate your contract in line with the end of your maternity leave period, if you do not wish to return to work afterwards. So hopefully, as swisspea said, everybody can agree to be sensible and there's no need to worry about left over days.
It also confirms that (Lou's case notwithstanding), terminating your employment before your baby arrives (i.e. the date your actual contract ends, NOT the date you give notice) will likely affect your eligibility to receive maternity benefits.
Perhaps in your case Lou your status (from a AHV perspective) as a (self-employed?) contractor made the difference, not whether you were actually working in a contract at that point in time?
Technically I was not self employed but you are entirely correct that the rulles are not always clear cut and anyone looking at quitting before or during maternity leave needs to figure out what is legally correct for them.