I am going through a tough pregnancy and had to be in bed in my home country for more than 3-months, while on sick leave from my company and having L permit. I am now going on official maternity leave and the company is telling me that I need to leave Switzerland and go back to my home country in the middle of my maternity leave. Being in bed, I am not allowed to travel and cannot handle the relocation logistics and paperwork. Is there a way around to the L permit 3-month rule given the medical conditions?
Is the company telling you that you need to leave Switzerland or are the authorities? Firstly, only the authorities can tell you to leave and secondly, if this is a roundabout way of the company firing you in the middle of your maternity leave, then it’s illegal.
I would check directly with the authorities for the official line. Without knowing your full story, I would say you need help with your position so you don’t get taken advantage of.
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Could you clarify please. Are you currently in Switzerland or in your home country? Is your home country EU/EFTA?
As far as I know, it is not possible to go on maternity leave (in Switzerland) before the baby is born. Before birth, it is sickness leave (like if you are in bed with a broken limb, for example). After the birth, maternity leave starts.
While off sick or on maternity, I don’t think the employer cares where you are. But if your L permit expires in the meanwhile, you need the employer to sign some paperwork for renewal.
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I am currently in my home country, it’s in EU, yes… I have not moved out, so I pay rent, bills etc in Switzerland. But I am not allowed to travel so I am stuck in my home country in bed rest…
That’s the thing… they mention that during my sick leave and now in maternity leave I will not be physically in Switzerland. I thought that indeed they should not care where I am 
Thank you I will suggest the paperwork renewal!
I wouldn’t mention the paperwork renewal, and I don’t think that’s exactly what Blings meant. I think it was more from the perspective of your being away from Switzerland might be problematic IF your L permit is up for renewal. In this case you would have to be present in CH to collect it.
Did you go back to your home country before you were diagnosed as sick and had to stay in bed and then you were kind of stuck and unable to return to Switzerland or were you diagnosed in Switzerland and then decided to travel to your home country to spend your sick time there (guessing you have family that can care for you?).
Either way, don’t be bullied by your company. They cannot fire you while you are pregnant nor during maternity leave (the period AFTER the birth).
Your only issue is if your L permit is due to expire shortly.
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I was in my home country when I was diagnosed and I never returned to Switzerland since then.
Thank you all, you are very helpful!
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