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Directive 2010/41/EU of the European Parliament and of the CouncilShow full title

Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

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Article 8Maternity benefits

1.The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 may, in accordance with national law, be granted a sufficient maternity allowance enabling interruptions in their occupational activity owing to pregnancy or motherhood for at least 14 weeks.

2.The Member States may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis.

3.The allowance referred to in paragraph 1 shall be deemed sufficient if it guarantees an income at least equivalent to:

(a)the allowance which the person concerned would receive in the event of a break in her activities on grounds connected with her state of health and/or;

(b)the average loss of income or profit in relation to a comparable preceding period subject to any ceiling laid down under national law and/or;

(c)any other family related allowance established by national law, subject to any ceiling laid down under national law.

4.The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 have access to any existing services supplying temporary replacements or to any existing national social services. The Member States may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this Article.

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