Question 1

What maternity leave is a female cross-border worker entitled to in Switzerland?

Accepted Answer

A female cross-border worker with a Swiss contract is entitled to federal APG (loss-of-earnings allowance): 14 weeks of maternity leave at 80% of salary (max CHF 220/day, about CHF 6,600/month). It starts on the day of childbirth. Some Ticino collective agreements improve coverage to 100% of the first few weeks. The leave can only be extended via an unpaid company agreement.

Question 2

Does the female cross-border worker also receive anything from the Italian INPS?

Accepted Answer

No for compulsory maternity leave: the lex loci laboris applies, so the Swiss system is used. Italian INPS only intervenes if the cross-border worker is unemployed (at birth) or at the end of the Swiss leave during the optional parental leave period. Some mothers may combine mixed allowances if they also work part-time in Italy: a patronato check is required.

Question 3

How long is paternity leave in Switzerland for cross-border workers?

Accepted Answer

Since 2021, a cross-border father has been entitled to 2 weeks (10 working days) of paternity leave at 80% of salary through federal APG, to be taken within 6 months of birth. The leave is much shorter than the Italian version (10 Swiss days vs. 10 Italian days plus 6 months of optional parental leave at 30%). Some collective agreements improve it to 3–4 weeks.

Question 4

Can I extend the leave under Italian rules?

Accepted Answer

Italian parental leave (up to 10 months combinable between parents, 30% INPS allowance for the first 6 months, optional) does not apply to cross-border workers because of the lex loci laboris. However, some Swiss companies grant unpaid company parental leave of up to 12 months. The choice between returning to work and extending leave is an individual economic decision.

Question 5

How is the APG maternity allowance calculated?

Accepted Answer

Swiss APG is 80% of the average AVS salary over the months preceding childbirth, capped at CHF 220/day (max CHF 6,600/month gross). The calculation considers all AVS contributions of the previous 12 months divided by the number of days worked. The allowance is subject to withholding tax like an ordinary salary. No BVG contributions are paid on the allowance (the 2nd pillar is suspended for that period).

Question 6

Do I lose my job if I take Swiss maternity leave?

Accepted Answer

No. The Swiss Code of Obligations (art. 336c) forbids dismissal during pregnancy and for the 16 weeks following childbirth. A dismissal notified in this period is null and void. The employment relationship and contract continue normally. On return, the employer must offer tasks compatible with the previous role. Protection is similar to but not identical to the Italian one.