Issued by Pauline Nicod, Senior Consultant, Global Employer Services
> A two-week paternity leave is created as of 2021
Amendments to the Federal Act on Loss of Earnings Benefits for Service and Maternity Leave (LAPG1), relating to paternity leave implementation, will come into effect on January 1, 2021.
These will allow fathers, in the legal sense of the term, who are employed and whose children were born after December 31, 2020, to benefit from a paid paternity leave of ten days for full time employment.
The beneficiary must have been compulsorily insured within the scope of the LAVS2 for the nine months preceding the birth of the child and, during this period, have been employed or self-employed for at least five months.
This leave may be taken, per single day or consecutively, within six months following the birth of the child. Otherwise, the allocated days will be lost.
The allowance amounts to 80% of the father's average income before the birth of his child, but to a maximum of CHF 196 per day.
> Paid Leave to improvement of the balance of work and caring for dependent relatives
From 2021, a reform of the law for family caregivers will come into force in two steps:
- As of January 1, 2021:
Paid leave for short-term professional absences
The worker is entitled to paid leave for the care of a family member or partner who has been the victim of an illness or accident. The said leave is limited to the time necessary to provide assistance to the relative but is limited to a maximum of three days per case and a total of ten days per year.
Extension of the entitlement to the allowance for AVS assistance tasks
As of January 1, 2021, caregivers will be able to benefit from an AVS bonification if the person being cared for is receiving an allowance for low impotence. In addition, the right is extended to partners who have been living in the same household for at least 5 years.
Adjustment of entitlement to the AI3 Impotent Allowance and Intensive Care Supplement
As of January 1, 2021, the AI intensive care supplement and the allowance for impotent persons in favour of children will be adjusted so that the entitlement will no longer be suppressed on days when the child stays in hospital. If the hospitalization is longer than one month, these benefits will continue to be paid, provided that the parents' presence in the hospital is necessary.
Adjustment of the maximum rental amounts for shared flats
A correction made by Parliament to the reform of complementary benefits (PC4) will also come into effect as of January 1, 2021. It concerns the rent considered in the calculation of the PC for beneficiaries living in shared accommodation. Indeed, the revision ratified by Parliament in March 2020 preterit the situation of beneficiaries living in a shared household compared to those living in an individual apartment. To remedy this, the beneficiaries of PCs will be calculated the same amount as married households.
2. As of July 1, 2021:
Sick child care leave
Workers who are entitled to a care allowance, within the meaning of Sections 16i to 16m LAPG, because their child is seriously ill due to illness or accident are entitled to 14 weeks of care leave.
This must be taken within a framework period of 18 months starting on the day for which the first daily allowance is paid. If both parents work, they may agree to share the leave equally or in a different way.
Do not hesitate to contact us for any clarification on this subject!
1Loi fédérale sur les allocations pour perte de gain en cas de service et de maternité, LAPG
2Loi fédérale sur l’assurance-vieillesse et survivants, LAVS
3Assurance invalidité, AI
4Prestations complémentaires, PC