Refusal of paternity allowance under the Federal Act on Accident Insurance

Facts

The case concerns a father, [A.], who applied for a paternity allowance under the Federal Act on Accident Insurance (LECA) after the birth of his child. The application was rejected by the Bern AI office, a decision confirmed by the administrative court of the canton of Berne. [A.] then filed a public law appeal with the Federal Court.

The key facts are as follows: [A.] took three weeks of leave to care for his child, of which three days were granted by his employer under its internal guidelines. He then applied for a paternity allowance for six weeks, which was rejected. The administrative court considered that the text of Article 16b LECA is clear and does not allow for an extensive interpretation to include fathers.

Considerations

The Federal Court examined the question of whether the refusal of the paternity allowance under Article 16b LECA is consistent with the Constitution and international treaties. It considered that the text of Article 16b LECA is clear and does not allow for an extensive interpretation to include fathers. The Federal Court also examined the preparatory work of the law and found that the legislature did not intend to include fathers in the scope of the paternity allowance.

The Federal Court also examined the issue of discrimination and considered that the difference in treatment between men and women in terms of paternity…