How does maternity leave work for a cross-border worker? (cross-border guide)
Answered with official sources — Family, allowances and maternity
Answer
In Switzerland APG (LAPG RS 834.1) provides 14 weeks of paid leave at 80% of salary, max CHF 220/day (2025), via the AVS compensation office source: Fedlex LAPG RS 834.1. A cross-border worker employed in Switzerland has full rights like residents. Apply with form 311.380 within 5 years of birth, attaching medical certificate and Lohnausweis. In Italy mandatory leave is 5 months (2 pre + 3 post) paid at 80% by INPS (dlgs 151/2001 art. 16). The non-cumulation principle of EU Reg. 883/2004 art. 10 prevents double benefits for the same event: Swiss benefit is paid first, INPS tops up any residual. Swiss job is protected (CO art. 336c). Breastfeeding: 30-90 min paid daily break to age 1.
Official sources
2Other questions on this topic
- Is there a paternity leave in Switzerland for cross-border workers?
Yes. Since 1 January 2021 LAPG (art. 16i-16j) provides 2 weeks (10 working days) of paternity leave paid at 80% max CHF 220/day, to be used within 6 months of birth. Apply on form 318.750 with the AVS compensation office.
- Can my non-EU spouse live with me in Italy as a cross-border worker?
Yes. A cross-border worker who is EU/EFTA or Italian citizen has the right to reunite a non-EU spouse in Italy under dlgs 30/2007 (transposing EU dir. 2004/38/EC).
- In case of separation, where is child custody decided?
Jurisdiction lies with the court of the child's habitual residence (EU Reg. 2019/1111 «Brussels II-ter»). If the family lives in Italy and the worker commutes to Switzerland, the Italian ordinary court (juvenile tribunal or specialised section) decides.
- Can a cross-border worker claim back Italian ANF arrears?
The Italian Family Allowance (ANF) was abolished on 1 March 2022 for families with children, replaced by AUU. ANF however remains for «childless» households (disabled spouse, dependent siblings).
- How do LAFam family allowances work for cross-border workers?
LAFam (RS 836.2) provides family allowances for every AVS-subject worker. In Ticino 2026: CHF 200/month per child up to 16 (or 25 if in training) and CHF 250 per child in training age 16-25.
- How do I apply for the Italian Universal Child Allowance as a cross-border worker?
The Universal Child Allowance (AUU) was created by dlgs 230/2021, replacing ANF, child tax credits and birth premium. Apply on inps.it with SPID/CIE by 30 June of the year (retroactive to March-May if filed by 30 June).
- Can children of cross-border workers receive Swiss study grants?
Cantonal study grants are reserved for Swiss residents (Ticino cantonal grants law, art. 3). Children of G permit cross-border workers residing in Italy cannot apply.
- Can I care for my elderly parents in Italy as a cross-border worker?
Yes. An Italian-resident cross-border worker can use Italian L. 104/1992 leaves (3 days/month) for disabled parents while working in Switzerland. The daily pay is covered by INPS through the Swiss employer in compensation with the AVS office (EU Reg. 883/2004 art. 21).