Hospital stay after the birth: the allowance changes on 1 July 2027

The Federal Council has adopted the amendment to the Ordinance on Compensation for Loss of Earnings. It is Official Compilation 2026 457. It enters into force on 1 July 2027. Before that date, it does not apply. It implements the revision of the Federal Act on Compensation for Loss of Earnings of 19 December 2025.

The date of entry into force

Section III sets entry into force on 1 July 2027. The text is signed on 26 August 2026. The Fedlex record may show 25 August 2026 and 30 June 2027. The signed text governs: 26 August 2026 and 1 July 2027.

The referendum period expired on 17 April 2026, with no referendum.

The postponement to 1 July 2027 has two grounds. The digitisation of loss-of-earnings compensation takes place in 2026. The adjustment to the mixed index takes place on 1 January 2027.

The newborn's stay in hospital

Until now, only the newborn's stay in hospital extended the maternity allowance. The mother's stay did not.

In the amendment, the extension linked to the newborn's hospital stay is no longer capped at 56 days. This rule applies from 1 July 2027.

Article 24 paragraph 1 requires an uninterrupted hospital stay of at least two weeks. It must fall within the two weeks after the birth. A medical certificate proves it.

If that stay lasts fewer than 14 days, the maternity allowance is paid in the ordinary way for 98 days.

The mother's stay in hospital

Article 24 paragraph 2 covers another case. The mother and the child are in hospital at the same time, or one after the other. The stays are assessed separately. They are not added together. The extension follows the longer of the two.

The other parent

If the mother is in hospital for at least two weeks within the 14 weeks after the birth, the other parent's leave is extended by the length of the hospital stay. That extension counts at most 84 additional daily allowances.

Article 24 paragraph 3 requires a certificate from the other parent. The certificate shows that the mother is in hospital without interruption for at least two weeks, between the birth and the 97 days that follow. The right arises on the 15th day (art. 16k paras. 5 to 7 of the Act).

The other parent keeps the allowance if the child is stillborn. The other parent also keeps it if the child dies within 14 days. In the case of a stillbirth, the pregnancy must have lasted at least 23 weeks (art. 23 para. 2).

The return to work

Article 25 paragraph 1 ends the mother's right on the day she resumes gainful activity. The rate of activity makes no difference. This paragraph restates the current rule.

Paragraph 2 provides the same ending for the other parent's additional allowance.

A hospital stay of four days

Article 35e paragraph 1 covers a child in hospital for at least four days, without a serious impairment of health. Only one parent is entitled to one daily allowance per day.

Paragraph 2 prohibits combining, for the same child, this allowance and the allowance for a serious impairment.

Article 35e bis restarts the three-day waiting period at each hospital stay. Article 16q paragraph 2bis of the Act sets the start of the allowances on the fourth day.

What the ordinance does not yet change

Until 1 July 2027, the amended text does not apply.

Maternity leave under article 329f paragraph 1 of the Code of Obligations is at least 14 weeks. The ordinance does not create that leave. It does not create a new amount.

Article 10 paragraph 2 of the Ordinance on Family Allowances is amended by the same act. It maintains family allowances where there is no right to salary, for at most the 16 weeks after the birth, then during the leave under articles 329f, 329g, 329g bis, 329i and 329j of the Code of Obligations.

The ordinance does not add any cost to those of the Act.

Frequently asked questions

• From which date do these rules apply? From 1 July 2027. The signed text keeps 26 August 2026 and 1 July 2027.
• Does the extension for the newborn remain capped at 56 days? No. It is no longer capped at 56 days.
• How are the mother's stay and the child's stay counted? Each stay is assessed on its own. The extension follows the longer of the two.
• What happens if the mother resumes gainful activity, even partially? The right ends on the day work resumes, whatever the rate. Article 25 paragraph 1 restates the current rule.
• Who is entitled to the allowance for a hospital stay of four days? Only one parent, for one daily allowance per day. Combining it with the allowance for a serious impairment is prohibited for the same child.
• Where does leave of at least 14 weeks come from? From article 329f paragraph 1 of the Code of Obligations. The ordinance does not create that leave and does not create a new amount.
• What should be gathered before asking the question? The certificate, the hospital dates and the notices to the employer.

Avocados AI's Basic plan costs CHF 4.99 a month, the price of a coffee. It is there to organise the certificate, the hospital dates and the notices to the employer, and to prepare the questions. It does not replace a lawyer's review of the file. The guide to Swiss employment law sets out the frame of the contract, leave and salary.

Sources

Official Compilation 2026 457 of 26 August 2026. Ordinance on Compensation for Loss of Earnings. Federal Act on Compensation for Loss of Earnings. Only the official publication is authoritative.