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Switzerland: Paid Parental Leave of Two Weeks for Adoptions Available Starting 2023

Starting January 1, 2023, Swiss parents who adopt a child younger than four years old will be able to take two weeks of paid parental leave. The Swiss Federal Council, the country’s government, decided in its session on August 24, 2022, that an amendment to the Loss of Earnings Compensation Act ( Erwerbsersatzgesetz, EOG) would take effect that day. In addition, it approved implementing regulations for the amendment. The amendment states that employees who adopt a child younger than four years are entitled to take two weeks of parental leave within one year of the adoption. (EOG art. 16 t , para. 1 (new); art. 16 u , para. 1 (new).) Adopting several children at the same time does not make the parents eligible for more weeks of paid leave. (Art. 16 t , para. 4 (new).) For a joint adoption, only one parent may take the full two weeks of parental leave; however, the two weeks may be split between them. (Art. 16 t , para. 3 (new).) Paid adoption leave is not available for a stepchild adoption. (Art. 16 t , para. 4 (new); Civil Code art. 264c.) Parents will receive compensation equal to 80% of their income capped at 196 Swiss francs (CHF) (about US$205) per day. (EOG art. 16 w (new) in conjunction with art. 16 f .) Background on Parental Leave in General Article 116, paragraph 3 of the Swiss Constitution deals with child allowances and maternity insurance. It contains a specific mandate for the Swiss Confederation to establish maternity insurance, which was implemented in 2005. Mothers have the right to at least 14 weeks of paid maternity leave after giving birth. ( Code of Obligations art. 329 f ; EOG art. 16 b .) The compensation generally equals 80% of her income but is capped at CHF196 per day. (EOG arts. 16 e , 16 f .) An amendment to the Code of Obligations and the Loss of Earnings Compensation Act in October 2020 introduced two weeks of paid paternity leave for the legal father. (Art. 16 i , 16 k .) Consistent with the provisions on maternity leave, fathers receive compensation equal to 80% of their income capped at CHF196 per day. (Art. 16 l in conjunction with art. 16 f .)

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