Uprawnienia samozatrudnionych matek związane z rodzicielstwem – wybrane problemy
The rights of self-employed mothers related to parenthood – selected problems

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Summary/Abstract: Background: The subject of the article is the rights of self-employed mothers related to parenthood. The polish legislator grants them the right to maternity benefit for the period corresponding to the period of maternity leave and parental leave if they are covered by sickness insurance. Research purpose: The Author considers the legitimacy of extending the legal protection of parental rights to self-employed mothers. He puts forward the thesis, that de lege lata the scope of parental rights of mothers who are self-employed is not sufficient compared to the situation of employees, which according to the Author, violates the constitutional principle of equality before the law. Methods: The article used several research methods. The most important was the method based on logical and linguistic analysis. The axiological and historical methods were also used. Conclusions: The Author positively assesses the concept of covering self-employed mothers with protection in the field of parenthood. Unfortunately, the way that Polish legislator regulates the mechanisms introducing this protection raises far-reaching doubts. This legislator, as of today, does not adequately protect the health and life of self-employed mothers, nor their children, before childbirth and immediately afterward. The Author proposes de lege ferenda to extend the parental rights of self-employed mothers, in particular, by introducing a statutory requirement to stop the gainful activity of an insured self-employed mother during the receipt of maternity allowance for the first eight weeks after delivery (postpartum period).

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