Maternity vs. parental
Maternity and parentalbenefits are used to support families with young children. However, they differ in many respects, including in relation to self-employed persons:
Maternity
- This is one of the sickness insurance benefits.
- It is payable to the mother of a newborn child or to the person who has taken the child into care in lieu of parental care (e.g. in the case of adoption).
- It is intended for the period before the birth and for the first months of caring for the newborn child.
- Entitlement to maternity pay is only granted if the conditions for participation in sickness insurance are met and is calculated on the basis of the daily assessment base.
- The duration of the payment is usually 28 weeks (37 weeks for multiples) and starts, as a rule, 6-8 weeks before the expected birth.
Parental
- This is a state social assistance benefit.
- A parent who personally, full-time and properly cares for the youngest child in the family is entitled.
- The total amount is fixed, with the monthly amount paid depending on the parent’s choice (the maximum monthly amount is then based on the daily assessment base).
- The allowance can be drawn until the total amount is exhausted (currently CZK 350 000 for one child, CZK 525 000 for multiple children), but not more than until the child is 4 years old.
Tip for article
You can read more about state social assistance benefits and when you are entitled to them in our next article.
Entitlement to maternity allowance for self-employed workers
Maternity leave is significantly different for self-employed and employed workers. The first condition is the need to be insured with sickness insurance or to be in the so-called protection period (180 days after the termination of insurance). Sickness insurance is paid for by the employee’s employer, but self-employed workers must pay it themselves voluntarily.
Self-employed workers must have paid sickness insurance for at least 180 days in total in the year before they take maternity leave and must also meet the minimum duration of sickness insurance, which is set at 270 days in the two years preceding maternity leave. For the latter period, it does not matter whether the sickness insurance was paid voluntarily while self-employed or by the employer while the self-employed person was employed.
Are you solving a similar problem?
Are you dealing with a problem related to maternity or parental leave?
We will assess your case and draft a proposal for legal services to resolve it within 24 hours. If you then decide to entrust its solution in our hands, you have the drafting of the proposal free of charge.
I want to help
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person at one of our 5 offices.
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
If a self-employed person does not meet the conditions for entitlement to maternity pay but pays her sickness insurance, she may still be entitled to sickness benefits. These are payable six weeks before the due date and six weeks after the birth. However, to get sick pay, you must have signed up for voluntary sickness insurance at least three months before the due date (when you are temporarily unable to work).
Sickness insurance for self-employed workers
As a self-employed person, you must sign up for sickness insurance because it is voluntary. You must register with the district social security office under which you fall. The application can also be sent by post, e-mail, data box or processed online via the ePortal of the Social Security Agency. Your sickness insurance will start at the earliest on the day you submit your application.
Advances are calculated according to the assessment base you choose. The premium rate is currently 2.7% of the assessment base. The minimum assessment base is set at CZK 9 000 and the minimum payment for voluntary sickness insurance is CZK 243 per month.
How to calculate maternity pay for self-employed workers
The amount of maternity pay is determined from the daily assessment base. Specifically, it is 70% of the daily assessment base, which is further reduced by three thresholds:
- the first reduction limit – up to CZK 1552 (calculated from 100%),
- the second reduction threshold – up to CZK 2 328 (calculated on the basis of 60 %),
- the third reduction threshold – up to CZK 4 656 (calculated on 30 %).
For self-employed persons, the assessment base is determined on the basis of how much they have paid in sickness insurance. The more you have paid in sickness insurance, the more maternity pay you will receive.
Entitlement to parental allowance for self-employed workers
As a self-employed person, you are entitled to parental allowance in the same way as an employee. However, what you won’t get, unlike an employee, is parental leave. However, your main gainful activity will automatically be converted into a secondary activity , which will reduce your compulsory insurance contributions significantly.
You become entitled to parental allowance after your maternity leave ends or, if you have not been receiving maternity leave, you can start receiving parental allowance immediately after the birth of your child. At the same time, you must meet the requirement of full-time care for the youngest child in the family (up to the age of 4).
Tip for article
What are the conditions for parental allowance this year and what changes are planned for the future? This is the focus of our article.
How to calculate parental leave for self-employed persons
The parental allowance is set at a uniform amount of CZK 350,000 (CZK 525,000 in the case of multiple children). The parent is then able to schedule the payment of this allowance as he or she sees fit. He or she may receive a higher monthly allowance, but the total amount may be exhausted after two years, for example, or he or she may spread the allowance over a longer period of time, but no longer than until the child reaches the age of 4.
The maximum monthly amount of the parental allowance is based on the daily assessment base determined when calculating the maternity allowance. In general, the maximum amount that can be drawn is 70 % of 30 times the daily assessment base. If you have not received maternity allowance, the monthly amount of parental allowance is capped at CZK 13 000 per month. You can change the amount of the monthly parental allowance once every three months.
Entrepreneurship during maternity and parental leave
If you start receiving maternity allowance as a self-employed person, you must stop running your own business. However, it is possible for your employees to run the business for you. If you started your maternity leave as an employee, then you can start an active business during your maternity leave and nothing prevents you from doing so. The only restriction is if you decide to start a business in the same field as your employee. In this case, you will need your employer’s permission.
Once you move from maternity to parental leave and start receiving parental allowance, you can start your business again. The only change is that your business will switch from your main activity to a secondary activity. This is an advantageous change for you because it will significantly reduce the compulsory contributions to health and social security. The same applies to you if you are just starting out in business when you are a parent.
In this case, the health insurance contributions are calculated on your real income and nothing like the mandatory minimum contributions applies to you. You do not have to pay social security at all, but only if your annual profit does not exceed CZK 111,736. If you exceed this threshold, you will be obliged to pay a minimum advance of CZK 1,496 per month.
Summary
Self-employed workers can receive both maternity and parental benefits, but the conditions differ. Maternity allowance is a sickness insurance benefit to which self-employed workers are entitled only if they voluntarily register for insurance. You need to have been insured for at least 180 days in the last year and 270 days in the two years prior to taking maternity leave. The amount of the benefit is based on the daily assessment base and is 70% of its reduced value. The benefit is normally paid for 28 weeks.
Parental allowance is a state benefit available to all parents regardless of insurance status. The total amount is CZK 350 000 (CZK 525 000 for multiples) and can be drawn up to the age of 4. The amount of the monthly allowance depends on the daily assessment base or is set at a maximum of CZK 13 000 if no maternity allowance has been received.
While on maternity leave, self-employed workers must not be actively engaged in business. After the start of parental allowance, the main activity changes to a secondary activity, which significantly reduces or completely eliminates the obligation to pay insurance contributions.