Holidays and self-employment

Self-employment has many advantages - it guarantees independence, flexible working hours, professional fulfilment and satisfying earnings. However, every entrepreneur knows that running a business is not without its drawbacks and sometimes presents difficult challenges. Working as a salaried employee provides greater peace of mind and the right to days off. What is the situation with paid leave for your own business? Is it available to business owners?

Business activity and holidays

We put a lot of time and energy into developing our own business - we often work much more than if we were employed on a contract basis in our chosen company. It is not uncommon to say that a business owner never rests, as there is always something important and urgent to do. If we don't have employees, the whole business rests on our shoulders, but even a close-knit team of skilled professionals does not provide a complete break from the day-to-day duties. Sometimes a carefree holiday spent with the family - away from the email inbox and the phone - may be the only salvation. But are entrepreneurs entitled to annual leave? It is, after all, a common form of days off to deal with day-to-day business matters or to go on a trip. Unfortunately, when you run your own business, you have to say goodbye to this privilege. Vacation leave is only granted to those employed under an employment contract. If an entrepreneur needs to take days off, he or she bears all the costs associated with them. The situation is therefore obvious: if you do not work, you do not earn. With your business, you should therefore take into account the possibility of life emergencies and plan your private trips accordingly so that your holidays do not burden your business.

Business and leave - what about seniority?

Now that we know that self-employment means no paid annual leave, it is worth touching upon the issue of seniority. As we know, a salaried employee not only receives a salary, but is also entitled to various employment rights - including the very seniority mentioned. What is behind this term? It is simply the total length of employment - all periods of working life are counted. For full-time employees, the issue is obvious, but what about sole traders? Once again, we do not have good news: according to the current law, there is no regulation to count the period of self-employment as seniority. Hence, there is no privilege of annual leave for entrepreneurs. In practice, this means that an experienced business owner switching to employment mode will be treated as an employee taking up employment for the first time. He or she must therefore earn all privileges - including the right to annual leave. Therefore, if you have your own business or are working on a contract for work or a contract for hire, you are not entitled to any seniority allowance.

Self-employment and holiday - sick pay

Sometimes it happens that we do not feel well or have health problems. Such situations are very stressful, especially if the responsibility for the company rests on our shoulders. However, there is no need to be afraid, because when running a business you have the right to take sick leave and receive sick pay. This is regulated in the provisions of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity. However, in order to go on sick leave without any problem, the entrepreneur should meet certain conditions. What specifically is involved? First of all, regular and timely payment of sickness contributions to the Social Insurance Institution (ZUS) must be made. There must also be a so-called waiting period, which in the case of voluntary insurance is 90 days. Another condition will be to submit the appropriate document , i.e. a certificate of temporary inability to work, to the ZUS within one week. It is worth mentioning that an entrepreneur is entitled to sickness benefit for exactly the same period as for a salaried person, i.e. a maximum of 182 days (270 days if pregnancy or tuberculosis is involved).

Self-employment and maternity leave

Women developing their business unfortunately cannot count on the right to maternity leave - the situation is similar to that of annual leave. However, they do have the right to apply for maternity allowance - provided, of course, that they regularly pay contributions to voluntary sickness insurance. The duration of such benefit is exactly the same as the maternity leave provided for by the Labour Code. It should also be noted that there is no 90-day waiting period for the right to receive maternity benefit.