The system of Social Security benefits, in the case of sick leave in the self-employed, and in maternity leave, presents special requirements that will be clarified in this article.
Sick leave: What rights do the self-employed have?
As a freelancer, like any employee, you have the right during sick leave to receive an amount of money,to compensate for the impossibility of attending to the business.
Amount of the medical low for self-employed
To know the money that would correspond to receive, a percentage must be applied to the contribution base. This percentage varies depending on the reason for sick leave.
If it is a common illness or non-occupational accident,that is, those diseases or accidents that do not occur within the scope of the company, nor as a result of the activity carried out, the percent that will be applied is of the 60%, between day 4 and day 20, from which the discharge occurs.
From the 21th, the percentage to be applied on the contribution basis will be 75%.
Also note that to be entitled to receive a benefit for common illness, it is necessary to be in a situation of high or assimilated and have contributed, at least, 180 days in the period included in the five years prior to the leave.
If the reason for the sick leave in the self-employed is caused by an accident at work or by an occupational disease, that is, that which is caused by the worker’s own activity, a fixed percentage of 75 % from the day after the withdrawal and throughout the period of the leave.
In the case of being a worker who benefits from the call flat rate for self-employed,which consists of paying 50 euros per month, it should be known that the real contribution for the purposes of temporary disability, retirement and other benefits is the same as that of the rest of the self-employed workers,is counted as if the 275 euros were paid, a minimum contribution that is required since July of this year.
What to keep in mind when requesting medical leave in the case of self-employed workers?
Self-employed workers have the ability to choose their contribution base,starting from a minimum immovable amount that they can increase depending on their income.
It is true that most choose the option of paying for the minimum required. This decision means that, when they are on sick leave, the amount of money they charge is very small.
It is important not to forget that, during the duration of the sick leave situation,whatever the reason for it, if you are self-employed you must continue to contribute.
The medical leave for the self-employed can be extended for one year, being possible to increase it in 6 more months, if it is assessed that during this time the worker will be able to join his position again.
To obtain the money that corresponds to the leave,the employment situation must be brought to the attention of the Social Security.
To do so there is a period of 15 days, through an official document in which it will be recorded what happens to the business during the absence, explaining who takes charge of it, or if the activity ceases in a timely manner.
If the temporary disability is prolonged in time, it is mandatory to resubmit that same paper every six months.
Maternity leave for self-employed workers
The duration is the same as in the case of an employed worker, 16 weeks,adding two more, if there is a multiple birth, for each child from the second, or in the case that the baby has a disability.
In maternity leave, mandatory enjoyment by the mother is the 6 weeks after birth. The rest can give them to the father or give them up, or if he decides to advance four of these weeks and enjoy them before birth.
Requirements to apply for maternity leave benefits in the self-employed
- If you are under 21 years old, you do not need to have previous quotes.
- Between 21 and 26 years old, it is requested to have quoted 90 days in the previous 7 years; 180 days in all working life
- If you are over 26 years old, the requirement is 180 days in the previous 7 years; 360 days in all working life.
- In case of not meeting these contribution times, a non-contributory maternity benefit can be requested.
- During maternity leave, 100% of the contribution for common contingencies must be received.
Assimilable to this situation are the benefits that can be enjoyed in case of adoption of a child under 6 years of age, or of an age over 6 years and under 18, who has some type of disability.
In conclusion, these are the main indications to consider in terms of sick leave for the self-employed. But if you have any questions about it, you can contact our advisors to help you solve it.