Paternity leave rules?

Hello, can someone help me to understand how paternity leave works? My wife and I got a baby in December, I am employed 90% at a Swiss company. This is what I read:

https://www.ch.ch/en/family-and-part…el-of-benefits

First problem: according to my contract, employees at this company are entitled to TEN days of paternity leave (9 in my case). HR mentioned something like weekends being counted as working days (WTF?). Is this legit?

Second problem: also according to my contract, employees must take paternity leave within THREE months rather than six. Which is a problem for me, because (due to a complicated bureaucratic situation) we still haven’t received the baby’s birth certificate after 3 months (will hopefully arrive soon). Again, is this legit?

Thanks for any useful replies

No, unless you actually work weekends.

Tom

According to your profile, you live in Zürich. I don’t know if you are aware of this, but the city of Zürich has a unit responsible for gender equality . This part of the website hasn’t yet been translated into English, but I’ll bet if you contact them, they could help you procede.

I may be wrong but I think its a misunderstanding. Its like maternity leave being 16 weeks and weekends count. This is the same here, 2 weeks or 10 working days, not 14 individual days. That is my understanding.

The 3 months I don't think can be enforced as would be a restriction vs the law?

The information on ch.ch is incorrect. It is 10 working days.

https://www.bsv.admin.ch/bsv/de/home…ub-200927.html

The law on paternity leave is recent. If your employer gave two weeks before the law was introduced, it may be useful to ask whether that's cumulative: two weeks by the federal insurance EO plus two weeks voluntarily by the employer.

This may also inform the 3 vs 6 months terms to take the off days. It doesn't look like the employer can reduce the 6 months that apply to the federally mandated part.

The EO pays two full weeks, 14 daily allowances. That's equivalent to 10 workdays, so each workday off pays 1.4 the insured daily amount (reduced by your 90% worktime). So the total payout on the federally mandated thing should be worth 14 times 80% of your 90%-daily pay.

Thanks everyone for the useful replies. First of all, I was wrong about the 3 months, that was a misunderstanding from an HR employee but the contract actually says 6 months, so that part is OK.

I'm not sure I understand the 10 days VS 14 days thing. For me, 14 days allowance is 14 working days, unless I am paid also for my weekends :P but maybe the bureaucratic language is odd?

Nope, it’s clear. Though the data provided in what’s linked above is outdated as it shows what applied when the issue was voted on.

Here’s the current page , 220 per day or 3080 maximum for 100%.

You get two weeks paternity. That's 10 working days. That's it.