Swiss Mother Denied Caregiver Leave After Son’s Severe Swing Injury
A Swiss mother faced a legal battle after her three-year-old son's fall from a swing resulted in a serious hip injury, requiring weeks in a cast and extensive care. The mother sought caregiver leave to tend to her son but was denied, leading to a court case.
The boy's fall resulted in a hospital stay and subsequent weeks in a hip-and-leg cast, severely limiting his mobility. The mother applied for caregiver leave through the compensation office, as her son required full-time parental care. However, her application was rejected as the boy's condition did not meet the required severity criteria set by the Swiss law.
The Federal Supreme Court ruled that the boy's condition did not reach the threshold for caregiver leave. The law stipulates that a child's condition must be critical, uncertain, and at risk of permanent impairment or life-threatening to qualify. The mother was ordered to pay 500 Swiss francs in court costs. The mother had to provide round-the-clock care, making it impossible for her to work and not receive any compensation for her time off.
The mother's appeal to the Federal Supreme Court was unsuccessful. The ruling highlights the strict criteria for caregiver leave in Switzerland, emphasizing the need for a child's condition to be critical and uncertain. The mother's struggle underscores the challenges faced by parents caring for seriously injured children.
