Hello,
Here are some legal advice:
During the entire pregnancy and the 16 weeks following childbirth, the employing entity may not dismiss an employee, except for reasons leading to immediate dismissal for just cause (Swiss Code of Obligations, Art. 336c).
If you are pregnant and have a fixed-term contract, it will end on the date agreed in the contract. However, if you give birth during the term of your contract, it will be extended until the last day of your maternity leave.
In casu, your wife is pregnant however her fixed-term contract will end before the birth of your child, so her contract won’t be extended until the last day of her maternity leave.
Yes.
In Switzerland, you are entitled to receive unemployment benefit if you meet the following conditions:
- You have become completely or partially unemployed.
- You have worked as an employee for at least 12 months in the last 2 years (possible exceptions).
- Switzerland is your main place of residence. If this is not the case, please refer to the section below on foreign nationals and cross-border commuters.
- You have passed the age of compulsory education (15 years old), you have not yet reached retirement age (64 years old for women, 65 for men) and you are not receiving a retirement pension (AHV/OASI).
You must also:
- be ready and immediately available to accept a job that matches your professional profile;
- start looking for a new job during the notice period;
- start looking for work three months before the end of your contract if you are on a fixed-term contract.
The last 3 conditions may be a problem only if your wife didn’t look after another job 3 months before the end of her fixed-term contract. For the “be ready and immediately available”, it will depends on the health of your wife, if she can work during the month of August, it won’t be a problem.
Moreover, a pregnant woman who is unemployed and in good health normally receives her unemployment benefits until she gives birth, as she is considered fit for employment. If she is unable to work before giving birth for reasons related to her pregnancy, she is considered to be ill. In this case, she will only receive daily benefits for 30 days from the beginning of her incapacity and provided she meets the other conditions for entitlement to benefits (art. 28 LACI). The total number of unemployment benefits paid out due to incapacity for work (illness, accident or pregnancy) is limited to 44 during the entire benefit period, all events combined. If the inability to work lasts more than 30 consecutive days, the insured person is considered unfit for work and loses his/her right to benefits (art. 28 para. 1 LACI).
Yes.
The payment of daily unemployment benefits is suspended upon childbirth. The unemployment file is cancelled. If the conditions are met, the maternity allowance will be paid for 98 calendar days (or more if the canton of residence grants higher benefits than the federal insurance). An application must be submitted to the AHV compensation fund. The maternity allowance is not granted automatically.
The maternity allowance will be calculated on the basis of the determining salary prior to the period of unemployment. For mothers who receive unemployment benefits, the amount of the maternity allowance is at least equal to the amount of the unemployment benefit received before the birth. The daily allowance from the unemployment insurance is reinstated after the maternity allowance has been exhausted. You must re-register with the unemployment office.
Hope these information could help you and good luck with your 3rd child 