Sick Leave for Freelancers in Spain: Tearing Down the Myth
Have you ever heard the famous quote that says, “freelancers never get sick”?
Surely you have!
Apparently, freelancers have superpowers not to have diseases or feel sick, always working in their businesses.
But the truth is that freelancers are human beings too.
So they also get sick, but sometimes the responsibility of the business outweighs the desire to stay in bed resting.
However, do freelancers in Spain have the right to request sick leave if they are ill or have suffered an accident? Well, the reality is that this right does exist, and they can be paid when they’re sick.
If you want to know the requirements and the types of leave and solve your doubts, read until the end. š
Table of contents
What Is the Freelancersā Leave In Spain?
Sick leave for freelancers in Spain is a right for freelancers when they suffer an illness, have an accident, or have some other circumstance that prevents them from carrying out the activity, such as maternity or paternity.
It is similar to the employees’ leave. Still, there are differences regarding the requirements and the contribution, as you will read in the following paragraphs.
Requirements for Access to Freelancersā Leave in Spain
As we have said, this right exists, but there are some requirements to apply for it:
General Requirements
- You must be registered as a freelancer or “autĆ³nomo” in Spain in the RETA.
- Be up to date on payments with the Public Administration.
Specific Requirements
- If you apply for ordinary sick leave, you must have contributed at least 180 days (6 months) in the last 5 years, apart from meeting the above requirements.
- Maternity or paternity leave also has particular requirements that we will see below.
Types of Sick Leave for Freelancers in Spain
Depending on the cause, we can distinguish between various types of leave: common sick leave, occupational disease, work accidents, and maternity or paternity leave.
Let’s see each type.
Common Sick Leave
In this case, the disease is caused outside the workplace.
For example, the flu or other virus (Covid-19) could be considered a common disease if it prevents freelancers from working.
As we explained, having been registered as a freelancer in Spain for 180 days (6 months) in 5 years is essential. So, for example, if you get a virus during your first month as a freelancer, you would not be entitled to this leave.
Work Accident Leave
This type of leave is caused by an accident when the freelancer works. However, it would also be considered as a work accident leave the in itinere accidents āthose that occur going to or coming from work or traveling for work reasons.ā
In this leave, it’s unnecessary to have been contributing for a certain period, as happens with the common sick leave. Instead, it’s enough to meet the general requirements: be registered as a freelancer in the RETA and be up to date with payments with the Administration.
Some exceptions are logical. For example, you won’t probably get this leave if the accident was reckless. Imagine you are driving and have had a few extra drinks and/or are driving at a dizzying speed.
Occupational Sick Leave
In this case, you contract a disease due to your work activity. For example, meeting with a client and getting a virus would be considered an occupational disease.
As in the work accident leave, there are no specific requirements. This means that your contributions aren’t taken into account.
Maternity and paternity leave
If you are a parent, applying for a leave is also possible. You can extend this leave to 16 weeks, but only the first 6 are mandatory.
You can use the rest whenever you want if you take them during the first year of your son or daughter’s life.
In addition, as of 2023, freelancer mothers who restart the activity can request a flat rate of ā¬50 for
one year.
Regarding the specific requirements, mothers must communicate the child’s birth, adoption, foster care, or guardianship within 15 days after it takes place.
For both parents, a minimum contribution period is also required, which depends on the age:
- Under 21 years old: no minimum contribution period is required.
- 21-26 years: A minimum of 90 days is required in the last 7 years, or 180 days in all working life.
- With over 26 years of age: You must have contributed a minimum of 180 days in the last 7 years or 360 days in your entire working life.
How to Apply for Self-Employment Leave
If you want to request the freelancers’ leave in Spain, you must follow these steps:
- Notify Social Security, explaining your activity’s status. For example, someone may take responsibility for your business during your absence, or it may be temporarily closed. The deadline for this notification is 15 days.
- The next step is to apply and submit the corresponding document to Social Security or your mutual insurance company. You can find the documentation that must be presented to Social Security in this link.
- Finally, you must sign this application and submit it with your ID or a certified photocopy, medical leave proof, proof of payment of your freelancer quotas (if necessary), and the activity statement we mentioned before, which explains the current situation of your business.
Frequently Asked Questions
What Day Do I Get Paid for the Leave?
Generally, you’ll get paid at the end of the month. Still, the exact moment depends on your bank, the procedures with Social Security, or your mutual insurance company.
For How Long Can I Get the Leave?
Initially, the sick leave for freelancers is one year maximum. However, this period can be extended up to 6 months more if there are possibilities of recovery and returning to the activity.
Suppose there is no possibility of recovery during those six months. In that case, you will start with the permanent disability procedure, which differs from the temporary disability we discuss in this article.
How Much Money Do They Pay Me While on Leave?
It depends on the type of leave and the contribution base before the leave:
- In the common sick leave for freelancers, the first three days you are on leave will not receive any remuneration. From the fourth day until the 20th, you will receive 60% of your contribution base. From 20 onwards, you’ll be paid 75%.
- In an accident at work or occupational disease, 75% will be applied from the first leave day.
- In the case of maternity leave, you will charge 100% of your contribution base.
Do I Have to Pay My Freelance Quota While Iām on Leave?
From the 60 days of leave, you do not have to pay the freelance quota. This means that during the first 2 months, you’d have to pay for it.
Is It Necessary to Present the Quarterly Models?
You must continue presenting the models, including the quarterly VAT declarations, the annual ones, and the IRPF.
Depending on whether you continue invoicing or not, the amount of these statements will change.
But it’s not a problem if you are a Companio One Spain’s customer, as we submit the quarterly models for you. š
