Like employees in the private and public sectors, self-employed employees are also entitled to maternity leave. Subject to conditions, this allows them to suspend their activity for a few weeks and receive compensation for the loss of income. Want to know what is included in maternity leave for self-employed? follow the leader !
How does maternity leave work for the self-employed?
During pregnancy or in the case of adoption, self-employed workers and cooperating spouses of self-employed workers can benefit from stoppage of work during maternity and, under certain conditions, receive financial assistance.
From January 2020, maternity leave for the self-employed has been standardized according to the duration for the employees. This has also become mandatory.
Maternity leave for self-employed professionals is subject to benefits that allow self-employed workers and cooperating spouses to compensate for the loss of income related to the cessation of their activity during the period of maternity leave.
Maternity leave also applies to self-employed persons in the event of adoption.
What are your rights as a freelancer?
In order to be able to stop their activity during maternity leave, the self-employed benefit from two types of assistance that compensate for the loss of income. However, to obtain these rights, you must:
- Stop your activity for at least 8 weeks, including 6 weeks after delivery;
- Justify at least 10 months of Social Security affiliation at the estimated date of delivery;
- Keep up to date with your Social Security contributions.
Let us now look at two aids that you can benefit from.
Lumpsum Maternity Comfort Allowance
This allowance makes it possible to compensate for loss of activity or loss of activity due to stoppage of work for maternity leave. This is a lump sum amount to be paid in two instalments, half at the beginning of the work stoppage (ie at the end of approximately 7th month of pregnancy) and the remaining at the end of the mandatory stoppage period. 8 weeks (ie after delivery).
Its amount is equal to the monthly value of the Social Security Limit (PASS) when the first payment is made, i.e. on January 1, 2022:
- €3,428 for the birth;
- €1,714 for adoption.
The full amount is paid after delivery if it is before the 8th month of pregnancy.
If your average income over the past three calendar years is less than 10% of the average of the annual values ​​of the Social Security (PASS) limit (ie €4,093.20 in 2022), the flat-rate Maternal Comfort Allowance is reduced by the monthly Social Security limit. 10% of the value, i.e. €342.80 in 2022.
fixed daily allowances
For each day of stoppage of work, within the limit of the maximum legal period of maternity leave, you get the benefit of daily allowances.
Defines the amount of your income subject to contribution and the amount of daily allowance sent to URSSF that you can receive. The maximum amount of these compensations is 1/730 of the annual value of the Social Security limit in force at the time of the first payment, i.e. 56.35 Euros on January 1, 2022.
If your average income over the past three calendar years is less than 10% of the average of the annual values ​​of the Social Security (PASS) limit (ie €4,093.20 in 2022), the flat-rate Maternal Comfort Allowance is reduced by the monthly Social Security limit. 10% of the value, i.e. €5.635 per day in 2022.
good to know
Unlike flat-rate allowances, if you were previously employed or unemployed, these periods can be taken into account in the calculation as long as there is no interruption in affiliation during the last three years.
Daily allowance contributions and are subject to income tax.
case of spouse’s cooperation
As an associate spouse, you can also claim two benefits provided that:
- Your spouse has a subscription of at least 10 months as on the expected date of delivery;
- You stop your activity for at least 8 weeks, including 6 after the baby is born;
- You are replaced by salaried employees.
Then you benefit from:
- flat-rate maternal comfort allowance (see above);
- Replacement compensation: paid for each day of replacement, its amount equal to the cost of replacement within the range of €58.77 per day (as of May 1, 2022).
How do I apply for maternity leave as a freelancer?
To be able to take advantage of maternity leave for the self-employed, your health care professional will need to produce a medical certificate confirming the pregnancy. This document should be sent to CPAM.
A few weeks later, you receive the Motherhood Handbook for Business Leaders. This includes a number of forms that your health professional will fill out during pregnancy and send to CPAM to trigger the payment of assistance.
How long is the maternity leave for self-employed?
The duration of maternity leave for self-employed depends on your family situation.
| family circumstances | Total duration of maternity leave | prenatal leave period | postpartum leave period |
|---|---|---|---|
| first child | 16 weeks | 6 weeks | 10 weeks |
| Second child (with already dependent child) | 16 weeks | 6 weeks | 10 weeks |
| Third child (with two children already dependent) | 26 weeks | 8 weeks | 18 weeks |
| Twins | 34 weeks | 12 weeks | 22 weeks |
| triple | 46 weeks | 24 weeks | 22 weeks |
These are the maximum duration of maternity leave to claim the above mentioned assistance. You can of course choose to withhold your activity for a short period of at least 8 weeks, 6 weeks after the baby is born to receive help, or for a longer period. You will only be compensated for the duration of your stoppage.
Delays are allowed between the prenatal and postpartum periods. For example, you can take more than 3 weeks of antenatal leave to postpartum leave. Antenatal leave can also be carried forward under certain conditions.
How does the Supplemental Pension Scheme work for self-employed pregnancies?
The maternity benefits provided by the general social security system are sometimes insufficient. This is the case, for example, if your pregnancy is considered pathological or incompatible with your professional activity and forces you to stop early. In this case, you do not receive any income or compensation during the period of not working and outside the legal period of maternity leave for the self-employed. To supplement their income, self-employed women can therefore subscribe to the provident fund.
information
The future contract makes it possible to supplement the assistance received by health insurance.
The pension contract stipulates the payment of daily allowance (as in the case of illness) to compensate for the loss of income due to cessation of work.
The terms of the contract vary according to the insurers. Some provident contracts also exclude pregnancy and motherhood or impose very long waiting periods. If you wish to subscribe to a pension contract, remember to check the terms, guarantees and exclusions of the contract.
questions to ask
What is Maternity Leave as a Self Employed Person?
Self-employed women get the same entitlement (subject to conditions) to maternity leave as all self-employed workers, i.e. at least 8 weeks of stay, daily allowances and a flat-rate Maternal Rest Allowance.
How long is the maternity leave for self-employed women?
Self-employed women can avail maternity leave of at least 8 weeks, which includes 6 weeks after childbirth. The maximum duration varies according to the family situation.
How to apply for Maternity Leave for Self Employed?
Your health care professional will need to provide you with a medical certificate indicating the status of the pregnancy and the likely date of delivery. This document should be sent to CPAM.