Autonomo/Self Employed And Maternity / Paternity Leave

Those registered as Autonomo generally have the same rights as those working on a contract under the Regimen General. Special work areas like mining, agriculture, fishing have specific rules which might differ from the ones valid for the general regimen.

To be able to claim maternity/paternity pay you must have either paid into the system for 180 days prior to the initial date of the leave, or 360 days in total during your ´vida laboral´, if you´re over 26 years old.

Maternity/Paternity leave can be taken as of the birthdate of the child, for as long as maternity leave would be, or the father can take it immediately after the mother. The mother can start her leave earlier as well. You do not have to register ´de baja por cese de actividad´ with the Seguridad Social for the duration of the leave, for the 16 weeks of the leave you will be exempt of having to pay your Autonomo contributions to the Seguridad Social. There is an extended period available during which you will be exempt of paying Social Security contributions, but then there will be conditions, like having to employ someone to substitute you. To be clear, the Seguridad Social will pay for one leave, either for the father, or the mother, or shared simultaneously or consecutively.*

* As per 7.4.2019 it’s not clear how the new law with regards to increased obligatory paternity leave will affect Autonomos. Will update as soon as more information becomes available.

The leave must be applied for within 15 days after the birth of the child or the date your leave started, if you decide to start the leave earlier, you need to file a ‘declaration of activity status’ on a special form that you can download from the Social Security link below. There is an obligatory part of the leave, 6 weeks as of the date of birth. The voluntary part can be transferred from the mother to the father if she should wish to do so. You can take parttime leave as well, at 50%.

Informative article in Spanish HERE.

Info from the Seguridad Social in English HERE

TIP: maternity/paternity pay is calculated with the ´base reguladora´ in mind, so the estimated income you pay your monthly Seguridad Social contributions over. Most autonomos choose for the absolute minimum ´base reguladora´ but when you´re pregnant, it might be a good idea to upgrade this in the months prior to the estimated birthdate, so your maternity/paternity pay will be higher. Your gestor will be able to tell you how to go about this.

Latest info on this subject in the new Autonomo law, valid as of January 1st 2018.

And even more recent info, valid as of January 1st 2019.

HERE

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.