Labor matters

Pregnant as a self-employed person: what do I need to know about it?

As a pregnant self-employed person, you are entitled to a ZEZ benefit (“Self-employed and Pregnant”) of at least 16 weeks through the UWV. In addition, voluntary disability insurance (AOV) may provide a benefit, there is an exception to the hours criterion...

Published on July 29, 2021 by MKBjuristen.nl
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As a pregnant self-employed professional, you are entitled to a ZEZ benefit (“Self-employed and Pregnant”) of at least 16 weeks through the UWV. In addition, voluntary disability insurance (AOV) may provide a benefit, an exception applies to the hours criterion for the entrepreneur's deduction, and you would be well advised to align your current agreements and general terms and conditions with your leave.

Pregnancy is a special time, but as an entrepreneur, it is difficult to combine with your work. We have listed the most important points.

Entitlement to 16 weeks of ZEZ benefit

As a pregnant entrepreneur, you are entitled to a maternity benefit under the ZEZ scheme: for at least 16 weeks around the pregnancy. Self-employed professionals, freelancers, and domestic helpers are also eligible.

The benefit starts four to six weeks before the day after the expected delivery date (you choose within that margin), followed by at least ten weeks after the birth. In the case of twins or multiple births, the leave starts eight to ten weeks in advance. You apply for the ZEZ benefit at the UWV no later than two weeks before the desired start date, with a pregnancy certificate from the midwife or general practitioner. To receive the maximum benefit (equal to the minimum wage), you must have worked at least 1,225 hours as a self-employed person in the previous calendar year; otherwise, the benefit is lower and based on profit. The ZEZ benefit is not business profit and is paid out weekly.

Possible additional benefit via the AOV

If you have voluntary disability insurance (AOV), many insurers also pay out during pregnancy. Some reduce that benefit if you receive a ZEZ benefit. Conversely, an AOV benefit has no influence on the ZEZ benefit, and you do not have to declare a pregnancy benefit from an insurer; it is tax-free.

Exception to the hours criterion

If you are an entrepreneur for income tax purposes, you qualify for the entrepreneur's deduction, often subject to a criterion of 1,225 hours per year (non-invoiced hours, such as administration, also count). This can become difficult due to pregnancy and childbirth. Therefore, an exception applies: if you interrupt your work for your pregnancy, the hours not worked over a period of sixteen weeks still count as hours worked.

Pregnant and ongoing agreements

During your leave, you may be temporarily unable to fulfill agreements, which is inconvenient for customers. Make arrangements regarding this in advance, for example with a force majeure clause in your general terms and conditions. Such a clause can also cover pregnancy, for instance if you unexpectedly have to stop due to a complication.

Frequently Asked Questions

Is a self-employed person entitled to maternity leave?

Yes, via the ZEZ scheme for a benefit of at least 16 weeks, to be applied for at the UWV. Freelancers and self-employed professionals are also eligible.

What happens to the hours criterion during my pregnancy?

If you interrupt your work for the pregnancy, the hours not worked over sixteen weeks will still count as hours worked for the hours criterion of the entrepreneur's deduction.

Does an AOV benefit affect my ZEZ benefit?

No, an AOV benefit does not affect the ZEZ benefit. However, an insurer may reduce its own benefit if you receive ZEZ.

Advice on entrepreneurship and pregnancy

The legal experts at MKB Juristen draft agreements and terms and conditions that take a (future) pregnancy into account. View our expertise or schedule an intake interview .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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