Can The Self-Employed In Spain Apply For Paid Sick Leave?

How sick pay works for autónomos in Spain

Being self-employed in Spain can be demanding, especially with strict regulations and ongoing financial obligations. Many freelancers worry about what happens to their income if they fall ill or have an accident.

The good news is that, unlike in some other European countries, autónomos in Spain are eligible for statutory sick pay. This provides a safety net by combining healthcare support with economic assistance while you recover.

Eligibility and requirements

Who can claim sick pay

To qualify for sick pay as a self-employed individual in Spain, certain criteria must be met. Firstly, you must be registered with the Régimen Especial de Trabajadores Autónomos (RETA), the Special Regime for Self-Employed Workers that you would have joined when you first became a freelancer in Spain.

Social Security contribution conditions

Additionally, you must be up to date with all your Social Security payments. Lastly, you should have contributed to Social Security for at least 180 days within the five years preceding the illness or accident.

Sick leave process

Getting the medical baja

In the event of illness or a non-work-related accident, self-employed individuals in Spain are entitled to receive sick pay from the fourth day of leave onwards.

To initiate the process, it is necessary to visit a doctor and obtain an official sick leave form if it is deemed necessary.

Notifying your mutua and Social Security

Informing your Mutual Society, which provides coverage in such situations, is also essential. You can identify your Mutual Society by referring to the original RETA confirmation document you received upon registering as an autónomo.

Submitting documents in person

Subsequently, you will need to complete an official Social Security document, stating the reason for your leave and providing an explanation of the situation. Unfortunately, this form cannot be submitted online, and you will need to physically visit the Social Security or Mutual Insurance offices to present it along with the required documentation. In cases where your illness prevents you from doing so, you may authorise another individual to act on your behalf, provided they present a certified photocopy of your identification card, such as your TIE.

How much sick pay you receive

Rates for common illness and non-work accidents

For common illnesses or accidents unrelated to work, self-employed individuals in Spain are eligible to receive sick pay amounting to 60 percent of their self-employed regulatory base, which refers to their average monthly earnings. This payment is applicable from the fourth to the twentieth day of leave.

Increases after 20 days off work

If the illness persists beyond 20 days, the sick pay increases to 75 percent of the regulatory base.

Maximum duration of sick pay

Standard 12‑month limit

When it comes to the duration of sick pay for self-employed individuals in Spain, there are specific guidelines to consider. The maximum period for which temporary sick leave can be granted is 12 months. During this time, individuals will typically receive sick pay based on their average monthly earnings.

Possible six‑month extension

However, it's important to note that the entitlement to sick pay beyond the initial 20 days of leave is subject to periodic medical check-ups. These check-ups aim to assess the individual's ongoing medical condition and verify their continued eligibility for sick pay.

In some cases, if the medical assessments indicate that the person's condition requires further time off work, an additional extension of up to six months may be granted. This extension is subject to evaluation and approval by the relevant authorities. It's worth mentioning that during this extended period, the individual will still need to provide medical documentation and undergo periodic medical evaluations to support their continued sick pay eligibility.

Overall, the duration of sick pay for self-employed individuals in Spain can reach up to 12 months, with the possibility of a six-month extension under specific circumstances. It's crucial to maintain communication with the Social Security system and adhere to the required medical evaluations to ensure a smooth continuation of sick pay benefits.

Social Security payments while on sick leave

Paying the cuota in the first 60 days

During the first two months of sick leave, self-employed individuals must continue paying their social security fee, even though they are receiving sick pay. Consequently, the amount of sick pay received during this period may be reduced due to the necessary contribution fee.

What happens after two months

However, after the initial 60 days, there is no requirement to make social security payments while on sick leave.

Work-related accidents and occupational illnesses

Sick pay from the first day of leave

In cases of disability resulting from work-related accidents or job-related diseases, the requirement for a prior Social Security contribution period is waived. Individuals affected by such circumstances are entitled to sick pay from the first day of their leave.

When prior contributions are not required

Similar to non-work-related situations, it is important to consult a doctor, inform the Mutual Society, and complete the requisite forms from Social Security.

Why sick pay matters for the self-employed

While being self-employed in Spain presents numerous challenges, the availability of sick pay provides a crucial safety net for autónomos and freelancers. By adhering to the specific requirements and following the necessary procedures, self-employed individuals can access financial support during periods of illness or non-work-related accidents. This system contributes to the overall well-being and stability of the self-employed workforce in Spain, offering them peace of mind and a measure of financial security during challenging times.

Self-employed in Spain and need reliable health cover?

If you’re registered as self-employed in Spain, the right private health cover can make sick leave less stressful by giving you faster access to specialists, tests and treatment. A plan designed for autónomos can complement your Social Security cover and support you if illness or an accident keeps you off work.

See the Sanitas Professional Plus plan for self-employed people paying into Spanish Social Security