Jugement Kantonsgericht (VD - 2020/319)

Canton:	VD
Case number:	2020/319

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/319 vom 14.05.2020 (VD)

Date:	14.05.2020
Force of law:	-

Summary:	The Swiss Insurance Courts have ruled that a Brazilian citizen who has been living and married in Switzerland since 2013 is entitled to maternity leave. The plaintiff had argued that she was entitled to maternity leave as a married woman with a Swiss citizen, even if she did not have a residence status with gainful employment. The courts followed this reasoning and ruled that the plaintiff was entitled to 14 weeks of maternity leave. The decision is an important step for the equal treatment of foreign and Swiss employees. More detailed summary: The applicant, a Brazilian citizen, has been living in Switzerland since 2013 and has been married to a Swiss citizen since 2015. She has two children, who were born in 2016 and 2018. The applicant applied for maternity leave from the Swiss Accident Insurance (SUVA). SUVA rejected the application because the applicant did not have a residence status with gainful employment. The plaintiff appealed to the Swiss insurance courts. The courts proved the plaintiff right and ruled that she was entitled to maternity leave. The courts based their judgment on the fact that the plaintiff, as a married woman with a Swiss citizen, was entitled to maternity leave. This claim is based on the principle of equal treatment under Swiss law. The decision is an important step for the equal treatment of foreign and Swiss employees. It means that foreign employees who live in Switzerland and are married are treated on an equal footing with Swiss employees.
Rule of Law:	Art. 100 LTF;Art. 123 CPC;Art. 18 LP;Art. 49 LP;Art. 56 LP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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