maternity leave/de-registration

Visas, Permits, Passports and Naturalization
1
Dear all,

I try to describe my situation clearly:

· I have B permit, my contract with employer is unlimited

· I’m pregnant, due date is mid of September

· I decided to leave Switzerland to give the birth in my country of origin (EU) and then stayed there till August 2016 = I should come back to Switzerland September 2016

· My employer will give me 4 months of maternity leave and the rest will be unpaid leave, my contract will be still valid so I can come back

· I’m leaving approx. one month before the due date – it will be covered either as sick leave/vacation/unpaid leave (till the birth, then my maternity leave starts)

· I cancelled my apartment contract, I won’t have my swiss address anymore

Because I need to cancel/suspend health insurance, EWZ and everything, I de-registered myself from the date that I will leave Switzerland. They told me it’ s the right way to do it. It went smoothly, they just needed a contact for tax matters etc.

However, now I’m thinking – was it really the right thing to do?

I definitely need my health insurance in the other country and I cannot have it till I have one in Switzerland. The only way how to cancel it is the de-registration. But, to get the maternity money – I’ve read somewhere, that you need to be part of AHV in the date of birth.

For me it seems to be linked together – registration and AHV.

I’m just worried that they will ‘delete’ me as a person eligible to be employed in Switzerland = get the money for maternity.

Unfortunately the officers weren’t too nice or if they were, they weren’t sure. My employer is trying to find out somehow but it’ s slow and I needed to start the whole process.

Thank you in advance for your replies!

2

Why would you need Swiss health insurance to get insurance in your EU country?

I do think you may be in trouble on the maternity payments though. By deregistering, you’re confirming you’re not eligible to work (no permit = no residence or job) so how could you qualify for maternity payments?

This from the ch.ch website:

Requirements
To receive the daily allowance, employees must be insured under AHV for the nine months prior to the birth and must have worked for at least five months during pregnancy. In addition, at the time of birth, expectant mothers must still be employed , self-employed or working in their husband’s company for a cash wage.
Employees will not receive a daily allowance if these conditions are not satisfied, and may not work during this time.

https://www.ch.ch/en/maternity-leave/

Although your employer may be happy to “keep you on” with no permit you’re effectively not employed as far as I can see.

You/the company needs to talk to AHV asap to make sure whether you can legally claim or not. You will also not get your health insurance back without having a Swiss address I don’t think.

3
I'm not in any way an expert, but I'm curious of the details how how you can receive salary from your employer while unregistered. Or do I misunderstand the plan? Or is this something special for EU people? Or will you be able to get a commuter work permit?

4
actually I wrote opposite, at least I hope - I need to cancel/suspend my Swiss health insurance here to get the regular one in the other country.

Thanks for your reply (however, it's more strict than your reply to this topic - Leaving Switzerland whilst on maternity leave - but want to keep employment contract! which gave me more hope)

This is actually happening, I'm in contact with our HR of course.

in fact, it' s not a salary, it' s a maternity leave payment and afterwards I have an unpaid leave so there won't be any salary until I'm back.

But I can imagine this is just my wording, from legal perspective it can be considered as a salary, I don't know.

I believe this whole thing begins and ends with the question about the need to having the permit to be employed by Swiss employer while living abroad.. and actually not really working for the employer because I will be suspended, they will have a deputy etc.

5
While you are on maternity leave and taking unpaid leave you remain under contract with your company. The terms of which will include a valid permit. If you de-register you'll lose your permit, your contract will become invalid and you'll lose the maternity leave.

Who suggested to you to de-register?

6
Exactly. If you de-register you cannot be employed and you only get the maternity payment if you are still employed.

7

Yes, but that was talking about a possible future transfer to the UK office, she was not planning to leave Switzerland at that time - which is what you are going to do. She was still continuing to be employed and living in Switzerland whilst on maternity leave.

8
I read the OP's plan as indicating that she expects to receive some salary for the month after she deregisters and leaves, where salary is what I call money received during "vacation/sick leave".

Maybe the vacation can be cashed out on departure? But that would only make her unemployed status even more clear.

9

Venique, see dsm’s latest post in her thread. May apply to you too.

10
and therefore continue to pay medical insurance in Switzerland too. Be very careful here, as I do not think your plans can work out as you expect them to. You just can't have all the advantages of being employed and living in CH... if you do not.

11
yeah, I've already contacted her , thanks

I won't be physically in Switzerland for a year, then it' s a nonsense to continue to pay the health insurance which I can claim here only.

Actually, this is not only my plan. My employer offered me to set up this timeline, we agreed on it. I feel kind of uncomfortable reading that my plan is to take an advantage of Swiss system. I didn't apply for a job here, I was 'headhunted', I pay the taxes and everything that is needed.

I'm only trying to somehow figure out this one year off. And of course I need to count, I will have a baby and not get any salary for 8 months. (my choice, I know)

well, anyway, thank you all for your responses, I really appreciate them.

I will let you know when it' s decided so it can help others too.

12
The AHV mentions here : "Maternity benefit can also be paid to you abroad, if you move abroad after the birth of your child." Contact them to see what happens if you move abroad before having your child. In any case you can transfer social benefits across the EU/Switzerland with the E104 form you can get from the AHV , this includes maternity benefits. The E104 proves you have contributed to the system here (stating how much and how long) and entitles you to benefits according to the law in your home country. It could be possible that maternity benefits in your home country are more generous than here so going this way might be an option to consider too. Otherwise, your Swiss health insurance should cover you abroad, if you decide to stay registered here and keep it. As having the baby abroad would be a planned treatment, you would have to get their authorization.

13
well, it's been a while, however, I have an update .)

Everything went smoothly, I deregistered myself and left Switzerland and my maternity benefit was paid accordingly to my contract with the employer.

There were no issues.