In this article we explain the requirements that self-employed mothers must meet to access maternity benefits.
Every employed woman knows that if she has a child while working, she will be on maternity leave and will receive a benefit. Self-employed women can also do this and they also have some particularities and requirements to meet.
Requirements to request the benefit
In order to apply for maternity benefits, once the leave has begun, the general requirements must be met:
- Being self-employed. You can enjoy it regardless of gender in some situations.
- Be affiliated with Social Security and in a high status (or similar to high status)
- Have quoted:
If you are under 21 years old: it is not necessary to have previous contributions
If you are between 21 and 26 years old:
90 days in the previous 7 years
180 days in the entire working life
If you are over 26 years old
180 days in the previous 7 years
360 days in the entire working life
If this requirement is not met, there is the possibility of receiving non-contributory maternity benefits, also known as “maternity allowance”. The benefit lasts 42 calendar days from birth, although in some cases it can be extended by 14 calendar days (multiple births, large or single-parent families, disabilities).
A benefit of 17.75 euros/day (100% IPREM) is received, unless the contribution base is lower, in which case that base will be used. This benefit must also be requested from the INSS.
- Be up to date with Social Security payments. If not, there is a 30-day period to do so.
When we talk about being a mother, not only is biological motherhood protected, but also any pregnancy that exceeds 180 days of the fetus' life, and also when a child under 6 years of age or over 6 but under 18 with a disability or special circumstances is adopted or fostered.
Particularities for self-employed workers
Self-employed women have a number of particularities when it comes to collecting this benefit:
Part-time maternity: You can reduce your activity to 50% and collect 50% of the benefit. You must inform the INSS of your desire to take part-time benefits, and you can only change your benefit for health reasons or for reasons of a newborn child.
Additional documentation: Sometimes a Declaration of Business Status is required, indicating who is in charge of the business and whether the activity is temporarily or permanently ceased.
Self-employed women victims of gender violence: If they stop working to provide protection as victims, they will not have to pay contributions for 6 months, a period that is considered effective contribution when requesting the benefit. And the regulatory basis will be an average of the last 6 months of actual contributions.
Benefit for cessation of activity and maternity:
If the activity ceases while on maternity leave, the person continues to receive maternity pay. Once this has ended, the 15-day period to request the benefit for cessation of activity (the so-called “unemployment benefit for self-employed workers”2) begins.
If maternity leave begins while receiving the cessation of activity benefit, the cessation benefit will be suspended and the recipient will switch to receiving maternity benefit. When this ends, the cessation benefit will be resumed.
Bonus on contributions for workers hired as substitutes: When a worker is hired to replace the self-employed person, there are bonuses of 100% of the employer's Social Security contributions for temporary workers hired to replace the self-employed person on maternity leave, and bonuses of 1005 of the contribution as a self-employed person, as long as the temporary employment coincides.
Resumption of unemployment benefits after closing the business and maternity: If unemployment benefits were suspended in order to start a self-employed activity, and the activity is ceased while on maternity leave, unemployment benefits may be resumed once maternity leave has ended, provided that the cessation was within the established period.
The self-employed woman can transfer her leave to the father (an active worker) for up to a maximum of 10 weeks, but the first six weeks must necessarily be taken by the mother after giving birth. In the case of adoption, all weeks can be freely shared.
Amount and duration of the benefit
The benefit that self-employed mothers can access has a maximum of 16 consecutive weeks, which starts counting from the day the worker takes maternity leave or, failing that, from the day of delivery. To be eligible for the aid, it is necessary to notify the doctor within a maximum period of 15 days from the birth of the baby or from the date the doctor gives the mother leave. The first six weeks are mandatory for the mother, but the following 10 can be transferred to the father, if desired. It is also possible to request part-time maternity leave, in which case the benefit received will be reduced by the same percentage.
The amount that a self-employed mother receives is around 850 euros, if she pays the minimum amount, that is, in most cases. She can also request a full bonus on her contribution for one year, for common contingencies.
Self-employed parents
Self-employed workers who are parents can request a 13-day break, starting from the birth of the child. This period can be extended by two days per child, starting with the second child, and 20 days in the case of a large family (starting with three children). In these cases, the 100% of the regulatory base can be requested, provided that 180 days of contributions have been made in the last seven years, and 360 days in their working life.
In addition to all of these, there may be personal circumstances that modify the applicable regime for maternity benefits.
If you are self-employed and want to meet them, get in touch contact with our labor experts who will inform you about what interests you most.
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