Self-Employed Women Qualify for Maternity Allowance Despite Working Fewer Hours

Nov 12, 2026 Benn-Ibler Rechtsanwälte

In a judgment delivered on 15 September 2026, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified that, subject to certain conditions, self-employed women may be entitled to maternity allowance even where they work very few hours per week. This right does not depend on any minimum level of gainful activity.

Dispute over entitlement to maternity allowance

The proceedings concerned a self-employed occupational therapist who was subject to compulsory insurance under the Austrian Social Insurance Act for the Self-Employed (GSVG) both before and during the period for which maternity allowance was claimed. Her application for maternity allowance was refused.

The competent social insurance institution rejected the application because the claimant had worked very few hours, falling short of an average of 20 hours of gainful activity per week.

OGH rejects the social insurance provider’s argumentation

The court of first instance awarded the claimant maternity allowance, but the appellate court dismissed her claim. The OGH set aside the appellate court’s judgment and reinstated the judgment of the court of first instance.

The OGH held that maternity allowance for self-employed women is not, in principle, intended to replace lost income. Rather, its purpose is to provide financial support during a period in which childbirth prevents or limits the pursuit of self-employed gainful activity.

No minimum working hours requirement

The OGH confirmed that the legislation sets no minimum working hours requirement. What matters is whether the statutory conditions for entitlement are satisfied.

The Court also rejected the argument that working limited hours could confer a financial advantage. The level of income earned need not correspond to the amount of time spent in gainful activity.

The judgment thus strengthens social protection for self-employed mothers who engage in gainful activity only to a limited extent.

OGH case no. 10 ObS 91/26v, 15 September 2026