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836.21 FAMZVOAFAMOAFAMI CH

Art. 10 Ordinance of October 31, 2007 on Family Allowances (OFAm) - Duration of the Right to Allowances after Expiration of Salary Entitlement; Coordination

OAFam
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Art. 10 OAFam · Duration of the Right to Allowances after Expiration of Salary Entitlement; Coordination

If the employee is unable to work for any of the reasons specified in Art. 324a, paras. 1 and 3, of the Code of Obligations (CO), family allowances are paid from the start of the work impediment during the current month and the following three months, even if the legal right to a salary has ended.

If the employee takes unpaid leave, family allowances are paid from the start of the leave, during the current month and the following three months.

Following an interruption in accordance with para. 1 or 1bis, the right to family allowances exists from the first day of the month of returning to work.

The right to family allowances persists even without a legal right to a salary: a. during maternity leave: for a maximum of 16 weeks; b. during an extension of maternity leave due to hospitalization of the newborn: for a total duration of a maximum of 22 weeks; bbis. during an extension of maternity leave in the event of the death of the other parent: for a total duration of a maximum of 16 weeks; bter. during an extension of maternity leave in case of hospitalization of the newborn and death of the other parent: for a total duration of a maximum of 24 weeks; c. during leave of the other parent: for a maximum of 2 weeks; cbis. during an extension of the other parent's leave in the event of the mother's death: for a total duration of a maximum of 16 weeks; cter. during an extension of the other parent's leave in case of the mother's death and hospitalization of the newborn: for a total duration of a maximum of 24 weeks; d. during leave to care for a child seriously affected in health due to illness or accident: for a maximum of 14 weeks; e. during adoption leave: for a maximum of 2 weeks; f. during leave for youth work activities pursuant to Art. 329e, para. 1, CO: for the duration of such leave.

If the employee dies, family allowances are paid during the current month and the following three months.

← Art. 9 OAFam Ordinance of 31 October 2007 on Family Allowances (OAFam) - Training Allowance Art. 10a OAFam →

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Court Decisions Applying This Provision (4)

760.20.148.226 · bl (Art. 10 Abs. 1bis FamZV)
Family Allowances Denied Due to Lack of Income/Benefits
The rejection of family allowances was upheld based on the rule that after starting unpaid leave, allowances are paid only for the current month and the following three months.
760.20.148.226 · bl (Art. 10 Abs. 2 lit. a FamZV)
Family Allowances Denied Due to Lack of Income/Benefits
The claim for family allowances during maternity leave was rejected because no maternity allowance or wages were received during the relevant period.
39.2016.4 · ti (Art. 10 OAFami)
Family Allowances Post-Fixed-Term Contract Expiry Despite Incapacity
This article was cited in the reasoning as the main ground determining the right to family allowances after the end of salary entitlement, leading to the dismissal of the appeal.
39.2016.4 · ti (Art. 10 cpv. 1 OAFami)
Benefits Extension for Fixed-Term Employee Post-Contract Expiration
This provision was central to the appellant's claim, although the court ultimately rejected the appeal based on the interpretation of this rule in conjunction with employment duration.