As of January 1, 2021, fathers who have recently become parents are entitled to a two-week paternity leave.
During the referendum held on September 27, 2020, a majority of 60.3 percent approved the introduction of a paternity leave compensated through the Earnings Replacement Ordinance (EO). The Federal Council established the commencement of the legislative change to January 1, 2021, in its meeting on October 21, 2020.
The entitlement to paternity leave and the associated paternity compensation arises when the child is born viable (Art. 23 para. 1 EOV). The right to paternity compensation does not expire upon resuming work, which is different from the rules concerning maternity compensation (Art. 25 EOV by analogy).
Paternity leave can be taken flexibly within six months after the birth of the child. Unemployed fathers are also entitled to paternity compensation.
The compensation can be applied for once the leave has been fully taken. It is paid out as a one-time payment.
The compensation is calculated based on the last applicable salary earned before the birth, converted to a daily rate. For self-employed individuals, a compensation table from the Federal Office for Social Insurance applies (Art. 32 in conjunction with Art. 7 para. 1 EOV).
To finance paternity leave, the EO contribution rate was increased from 0.45 percent to 0.5 percent as of January 1, 2021.
Lucerne, January 11, 2021
Simeon Beeler