Two weeks of adoption leave for employed persons from 1 January 2023

By February 7, 2023 No Comments
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The implementing provisions on adoption leave entered into force on 1 January 2023. The following article gives you a brief overview of the most important innovations.

Who is entitled to adoption leave?

From 1 January 2023, employed persons who adopt a child under the age of four will be entitled to a two-week adoption leave compensated by the Income Compensation Scheme (EO). The entitlement arises on the day the child is admitted to the household and not only with the legal adoption. In the case of stepchild adoption, there is no entitlement to adoption leave. Nor are unemployed or persons unable to work entitled to benefits.

How can the adoption leave be taken and how much is the compensation?

Adoption leave must be taken within the first year of the child’s admission. The holiday can be taken in one go (two weeks including weekends) or on a daily basis (ten days). If both parents are employed, they can freely divide the two weeks of adoption leave among themselves, but cannot take the leave at the same time. The adoption allowance amounts to 80 percent of the average earned income, but no more than CHF 196 per day. Compensation is calculated separately for each parent, based on their respective income.

Is there a blackout period or holiday shortening?

There is no embargo period, so the employer may also give notice of termination during adoption leave. The adoption leave is added to the holidays, so the employer may not reduce the holidays.

Further information can be found under the following links:
– Two weeks adoption leave from 1 January 2023
– Adoption leave

Our employment law experts will be happy to assist you with questions on this and other employment law topics. We look forward to hearing from you.