Paternity leave also for the other parent or the mother’s wife

On 26.5.2022, the Federal Office for Social Affairs (FSIO) published an amended version of the circular letter on care allowance (KS BUE) and maternity/paternity allowance (KS MVSE) with effect from 1.7.2022 (available in German and French). The background for some of the adjustments is the enforcement of “marriage for everybody* as of 1.7.2022.

With the opening of marriage to persons of the same sex, parenthood of the wife will be regulated by law. Same-sex couples can marry or convert their registered partnership into a marriage from 1.7.2022.

The provisions on paternity compensation are now applicable by analogy to the mother’s wife, who is deemed to be the other parent within the meaning of Art. 255a para. 1 CC (ZGB).

It is clarified that the mother’s wife cannot take maternity leave but is entitled to “paternity leave” of 14 calendar days resp. 10 working days under the usual conditions.

The new version of the circular letter contains additional examples of entitlement to paternity leave in the case of part-time employment. This also applies to the circular letter on care allowance.

The next new type of compensation at federal level is expected to come into force on 1.1.2023: Adoption allowance

The parliamentary initiative on maternity leave for surviving fathers is still pending and, according to the latest information, will be dealt with in the parliament in the spring session of 2023.

Employers must deal with the different types of absences and implement them correctly in their payroll accounting.

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