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Employment law - New leave for adopting parents

Since January 1, 2023, working parents who adopt a child under the age of four can take advantage of a two-week leave financed by the loss of earnings allowance. Indeed, art. 329j of the Swiss Code of Obligations has been revised in order to better adapt to modern needs.

More precisely, in order to benefit from this allowance, there are 3 cumulative conditions:

- The adoptive parent takes in a child under four years of age for adoption

- The adoptive parent has been compulsorily insured according to the Federal Law

on old-age and survivors' insurance for nine months immediately prior to the adoption of the child and

- He/she is either employed or self-employed at the time of the child's adoption, or works in his/her spouse's company and receives a cash salary (art. 16t Federal Law

on allowances for loss of earnings).

In the case of joint adoption, there is only one entitlement to the allowance if both parents meet the above conditions. In contrast, there is no benefit, and therefore no adoption leave, in the case of the adoption of the spouse's child within the meaning of Art. 264c, para. 1, Swiss Civil Code.

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