Pregnancy during notice period.

Visas, Permits, Passports and Naturalization
1
I found this forum while trying to search for information and hope someone can please help. My husband and I have been living in Switzerland for the past two years. I was let go at work last month and now with what is the worst timing ever found out I'm pregnant. Having been told years ago I could never have children, this is exciting news but the timing is terrible. I'm worrying about the fact that I'm pregnant and soon to be unemployed. My husband's income is definitely not enough to pull us through. I know that you can't be fired during pregnancy but this happened just after the fact. Does anyone know more about the laws here in this situation? Thank you.

2
First of all - Congratulations on your pregnancy!

Were you 'let go' in accordance with the correct procedures/processes ?

What changes can you make immediately to help your financial situation ?

How quickly can you get a new job ? Is there a way you can work from home ? How much of an income do you need to make things possible financially ? Is your profession something that you can do with a small baby in tow - freelance, work from home, telecommute ?

Having a baby does bring enormous changes for the whole family - feel free to talk through your stresses, get advice from experienced mums (not 'first timers') on what you *really* need for a baby (not much!)... and seek some professional financial advice...There are lots of websites for mums around...find one that suits your style...

You will survive! You will make it good! All a bubba really needs is loving parents, food (breastmilk is free!) and a warm place to be (close to your heart!) and the rest is just a bonus!

3
Thank you for all the kind words. Yes, it was all done properly from what I know. I'm in the finance sector and finding a job while pregnant will probably be really hard. I did find this document online as I keep searching and it seems to suggest that I would still be subject to pregnancy laws. Maybe someone else can let me know if they interpret it the same way?

www.law-europe.com/documents/men_04_practice_03_10.pdf

It states what I already know about protection from dismissal when pregnant but then says "Notice given during one of the forbidden periods in paragraph 1 shall be null and void. If the notice is given prior to the beginning of such period, however, and if the notice period has not expired prior to such period, the expiration shall be suspended and shall continue only after termination of the forbidden period."

4
Are you sure that you were not already pregnant when you received your cancellation notice? Are you still employed but in your cancellation period now that you are pregnant?

In the former case, the termination of your contract was and remains null and void, in the latter case, your cancellation period is halted until 16 weeks after birth.

Martin

5
That is also what I was told (in a training course). From what I understood, notice period is a notice period. One is still employed until the end of the notice period. So, if one gets pregnant during the notice period, then the notice period stops and after the baby is born, notice period starts again.

The specifics of:

- exactly when the notice priod stops (e.g. when HR department is informed of the pregnancy, or doctor's statement of pregnancy to HR?)

- when it starts again

- what happens with the maternity leave that you are due, after birth

should probably be discussed with the HR department and agreed. The sooner HR knows, the better for both parties.

In my wife's case, she was not given notice. At the end of the maternity leave, she decided not to go back to work and they followed the normal notice period (where she stayed at home anyway) and worked things out.

I think the HR department will help you out there.

Good luck!

6
Congratulations! Basically, they can't let you go until 16 weeks after the birth. Up until the birth is at 100% pay and afterwards 80% max. CHF 172 (or thereabouts) per day.

I personally wouldn't want to be in a job where they didn't want me or where I knew I was going to leave after I had the baby - I would prefer to leave earlier and have a rest before the baby came instead of working up until the end (or getting signed off sick like I have been for my first two babies). You can leave your decision to give notice a couple of months into your maternity leave. I decided to go part time after my first baby and was lucky my employer would do that.

7
Mandatory maternity insurance in Switzerland covers 80% with the mentioned maximum during 14 weeks after birth, 16 weeks is the protection period according to labor law. A termination notice during pregnancy – even if not known to the employer! – is null and void while pregnancy results in an extension of an already existing termination period by 16 weeks. Swiss labor courts are very strict with regard to maternity issues, i.e., any reasonable employer should agree to meet all legal obligations with regard to maternity.

Martin

8
It isn't 80% of your salary - it is capped per day. Your employer may decide to pay the remainder.

OP: were you given notice last month or finished your notice period last month?

9
Exactly – you simply forgot to read/quote the second part of my sentence: Next time, I'll write 'daily maximum' ...

Martin

10
My former neighbour also found out that she was pregnant during her notice period. Her period of notice was interrupted until 16 weeks after birth. I her case the company paid the wages for about six months more.

11
No I am still on it for a couple more months.

12
Then you just need to inform your HR you are pregnant and you can't be fired until 16 weeks after the birth.

From my experiences I would check everything is okay at the 12 week scan before informing them (if you have enough notice period left).

13
A friend of mine's doctor gave her this advice, however I can't see any good reason why you'd not get some paperwork from your doctor (Gynaecologist) and get the process started immediately...

It will protect you from being accused of being in any way deceptive, and you'll need a date from the doctor to prove that the notice period was indeed given when you are pregnant.

There is a cultural taboo about not telling people you are pregnant until after the 'danger' period is over, but I don't know if that's really the best advice - I'm sure you are entitled to sick leave if there are any complications with the pregnancy...and it'd be rare to get past the 12 week mark without at least one person around you being suspicious (the signs of pregnancy begin from within a few hours or days of conception)...

14
I agree, I had to tell my managers at 7 weeks as I was so sick with morning sickness that it was affecting my work. I asked them not to make the information public until I was confident the pregnancy was healthy and felt comfortable letting it be known generally. They were understanding of my fears but grateful for planning reasons that I had let them know early.

15
Hi, I know it is an old post, but wanted to ask a theoretical question, which is related to the subject. Notice period in CH is 3 months (at least in my company). What can happen if I get pregnant during this period? I am thinking about having a second child (a bit discouraged after the permanent lack of sleep with the first one) and my company is undergoing changes and I fear my position will be eliminated within the next few months.

Thanks for any advice. I just want to know how it looks from the legal perspective.

cheers!

16
Your employment cannot be terminated when you are pregnant....

So, the notice period is suspended and if they want to terminate your contract after the maternity leave is complete, they should pay the 16 weeks plus the notice period, which would be 1-3 months depending on your contract.

However, you are expected to work right up until the time when the doctor puts you on sick leave, and they are free to restructure or reassign your job within the company if it is not hugely unreasonable.