Català
Español
English
The myth that the self-employed have iron health and never get sick is just that, a myth. Obviously, self-employed workers can also get sick. Is there a severance pay for them? Yes! we explain everything related to it.
What is incapacity or work leave?
Social Security defines incapacity or temporary leave as a daily allowance that covers the loss of income while the employee is sick and unable to go to work. It is interesting to note that the self-employed take much less sick leave than the salaried. Last year only 15 percent of these workers did so, as getting sick is a luxury that few can afford. In 2023, more than 450 job losses were registered for every 1,000 workers, a record figure in the last decade. In any case, 85 percent of the self-employed were not on leave.
Type of leave from work for the self-employed
There are four types of professional leave:
- Occupational disease. Sickness contracted by a self-employed person to perform the work to which he is dedicated. The law establishes specific illnesses and professional activities to be covered.
- Work accident Accident occurring at the workplace or as a result of carrying out work. It also includes accidents that occur "en route". That is, going to or returning from work. It is necessary to be paying the modality of professional contingency fees. The leave from work could be invalidated in case of reckless imprudence on the part of the self-employed person.
- Common disease. Illness contracted unrelated to professional work. In other words, it has no relation whatsoever. It is essential to be registered and to have contributed for a minimum of 180 days in the last five years. And keep up with Social Security and the Treasury.
- Maternity or paternity leave. Both self-employed men and women have the right to receive a benefit when they become parents. Maternity and/or paternity leave offers the highest benefit from the outset and can also be taken for 16 weeks for both parents.
How to apply for sick leave as a freelancer
To begin, you must submit the application for leave from work and temporary disability that can be downloaded directly from the website of the Social Security or the mutual insurer. This request must be signed by the self-employed person. In addition, you must add the original DNI or a certified photocopy and proof of payment for the last three months, together with medical leave notices.
It is also necessary to fill in the declaration of activity situation, a document in which it is set out, by means of a sworn statement, how the business activity remains during the period of temporary leave. It will also be detailed if someone will manage the business or if there is a temporary cessation. With all this documentation, access the Social Security website to download the document and sign it. It should be taken into account that there is a 15-day period to notify the Social Security of the termination and the situation in which the activity remains.
Amount to be received during the leave
- To calculate the amount to be collected, you must take as a reference the regulatory basis of the self-employment registration of the month before the termination of employment and take into account that:
- For illness or common contingencies, you are entitled to receive 60 percent of the regulatory base from the fourth day of leave to the tenth. Subsequently, from the 21st, 75 percent of the contribution base will be charged.
- For professional accidents, 75 percent of the regulatory base will be charged, from the day after the leave, as long as the self-employed person has these contingencies covered.
- If it is a maternity or paternity leave, one hundred percent of the contribution base will be charged during the three months.
Is it necessary to continue paying the self-employed fee during the termination?
The self-employed fee must continue to be paid in some cases while on leave. When the leave is due to a temporary incapacity, the self-employed person must assume his quota during the first two months. From the 61st day, your mutual will be the one that assumes one hundred percent of the payment of the contributions.
In the event of maternity or paternity leave, the fee is subsidized for fathers or mothers at one hundred percent from the first day, so they will not have to pay any fee during these months of leave.
How long can I be on leave from work as a freelancer?
A self-employed person can be on leave due to work incapacity and collect the benefit for a legal maximum of one and a half years. The first 365 days correspond to the first leave, but it can be extended up to a further 180 days if there is a real possibility of recovery.
If you need more information, do not hesitate to contact DATA AND SERVICES