Ruling of the Federal Supreme Court National Councillor's maternity allowance terminated prematurely

National Councillor Kathrin Bertschy must pay back part of her maternity allowance due to her participation in the 2021 Council.

National Councillor Kathrin Bertschy must pay back part of her maternity allowance due to her participation in the 2021 Council. According to the Federal Supreme Court, there is no "allowance" during the 14-week entitlement period when work is resumed. Bertschy's first appeal to the Federal Supreme Court in 2022 prompted an amendment to the Income Compensation Act.

This was amended to the effect that the entitlement to maternity compensation during the 14 weeks following the birth does not end prematurely if a mother attends meetings as a member of the Council where representation is not provided for. The law came into force on July 1.

Even after the birth of her second child in 2021, Bertschy took part in Council business before the 14 weeks had expired and must again pay back part of the compensation. According to the Federal Supreme Court, parliamentary work is not a marginal secondary occupation that does not result in a termination. There is also no allowance that can be earned through part-time work.

SDA