When the canton of Geneva introduced a law on cantonal maternity insurance on 1 July 2001, a maternity insurance scheme was also approved alongside the loss of earnings compensation scheme (LEC), as the Swiss population is aware. We sent out detailed information about this in a circular dated 2 May 2005.
When a federal maternity compensation scheme came into being, it was necessary to amend the cantonal legislation in the canton of Geneva. Below, we examine in greater detail the new “LAMat” (Loi instituant une Assurance en cas de Maternité et d’adoption) and its implementing ordinance.
- The new Geneva law entered into force on 1 July 2005,replacing the old cantonal law.
- The positive effects of “AMat” (Assurance-Maternité genevoise = Genfer Mutterschaftsversicherung) have largely been retained, in that mothers entitled to benefits in the canton of Geneva are not disadvantaged by the entry into force of the new Loss of Earnings Compensation Act (LECA).
- The Geneva maternity insurance scheme has thus been changed into a kind of complementary insurance. In actual fact it complements the federal law (LECA) there, wherever the latter is not more advantageous, with the result that loss of earnings compensation and maternity benefits are at least as high as those offered by the Geneva maternity insurance scheme under the old law.
- • Since 1 July 2005, mothers who meet the requirements for entitlement under LECA as well as under LAMat have had the right to 16-weeks’ maternity leave (112 days).
- During this period they are also entitled to 80% of their insured earnings.
- For the first 98 days, “AMat” supplements the benefits under LECA if and to the extent that the latter are lower,which may be the case owing to the lower ceiling: Maximum daily allowance under LECA = CHF 220 and under LAMat = CHF 329.60 (“AMat” applies the AIA ceiling of CHF 148,200). Where the entitlement to LAMat (80% of insured earnings) exceeds the LEC maximum of CHF 220, a complementary benefit to bring the total up to a maximum of CHF 329.60 is payable, and this can amount to up to CHF 109.60 per day in some cases.
- The minimum compensation under LAMat is CHF 69 per day. In cases where the LEC daily allowance is lower than CHF 69, “AMat” supplements it up to this amount.
- From the 99th to the 112th day inclusive, “AMat” provides the full benefits.
- The new LAMat also provides adoption compensation benefits. In the same way as the daily maternity allowances, they represent 80% of insured earnings up to a maximum of CHF 329.60 per day, with the minimum amount again being CHF 69 per day.
- In future, “AMat” benefits will continue to be funded through equal salary contributions by the employer and the employee. For 2024, the contribution payable on the salary on which OASI is levied has been changed to 0.076% (2023: 0.082%) – i.e. 0.038% each (2023: 0.041%).
- In relation to our member companies which have a head office or branch in the canton of Geneva, we are still the implementing body for the Geneva maternity insurance scheme (“AMat”).