03 January 2023

Two weeks of adoption leave for employed individuals as of January 1st, 2023

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The implementing provisions on adoption leave came into force on January 1st, 2023. The following article gives you a brief overview of the most important innovations.

  • Michèle Stutz

    Legal Partner

Who is entitled to an adoption leave?

Employed individuals who adopt a child under the age of four will be entitled to a two-week adoption leave compensated by the Incoming Compensation (EO) beginning January 1st, 2023. The entitlement arises on the day the child is placed in the domestic partnership, not when the adoption is legally finalized.
In case of a stepchild adoption, there is no entitlement to an adoption leave. No are unemployed or incapacitated individuals entitle to claim benefits.

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

The adoption leave must be taken within the first year after the child is adopted. The adoption leave can be taken in one piece (two weeks including the weekend) or by the day (ten days). If both parents are employed, they may divide the two weeks of adoption leave between them freely, but they may not take the leave at the same time. The adoption compensation amounts to 80 percent of the average earned income, but not to more than 196 Swiss francs per day. The compensation is calculated separately for each of the parents, based on their respective income.

Is there a blocking period or a vacation reduction?

There is no blocking period, the employer may therefore also give notice of termination during the adoption leave. The adoption leave is in addition to the vacation, the employer may not reduce the vacation.

You will find more information on the following links (only available in German):
- Zwei Wochen Adoptionsurlaub ab 1. Januar 2023
- Adoptionsurlaub 

Our labour law experts will be happy to assist you with questions on this and other labour law topics.
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