The independent parents who choose the portage salarial benefit from the same rights as employees. They can therefore benefit from a maternity leaveof a paternity leave and a parental education leave.
Depending on the number of days contributed before the pregnancy and the amount of income received, Social Security pays for daily allowances.
If you are self-employed, find out quickly how to benefit from maternity/paternity leave for the self-employed.
How can freelance moms take advantage of maternity leave?
Maternity leave is a legal device which allows an employee to better prepare for the birth of a child so that she can stay with the child during the first few weeks after delivery. Once the maternity leave is over, she can return to work.
Self-employed women can also take advantage of this privilege thanks to the portage salarial. The same common law provisions of the Labour Code apply. Regardless of the nature of the portage contractYou can apply for a leave of absence and the benefits that the health insurance pays.
Like sick leave, maternity leave does not result in the termination of the employment contract, but rather its suspension. During this period of leave, the freelance worker in wage portage continues to benefit from all her rights.
1- Maternity leave for the freelance worker : which duration ?
The duration of maternity leave in the framework of freelance administration is similar to the one indicated in the Labor Code for employees. Unless specific provisions are provided for in the collective agreement of the branch, it lasts 16 weeks. In addition, they have a legal obligation to take at least one week of 8 weeks After childbirth to receive per diem benefits.
In principle, for the first 2 childrenthe maternity leave lasts 16 weeks: 6 weeks before the presumed date of delivery and 10 weeks after birth. From the 3rde childshe is granted a leave of absence from work of 26 weeks in total : 8 weeks Before delivery and 18 weeks after delivery.
In the case of a multiple birth, the duration of maternity leave is extended: 34 weeks for twinsthat is 12 weeks before birth and 22 weeks after; 46 weeks for tripletsthat is 24 weeks before the expected date of delivery and 22 weeks after .
If the mother’s health condition warrants, maternity leave may be extended by 14 daysbefore the arrival of the baby and until 28 days after .
2- Self-employed maternity leave: calculation of compensation
The maternity leave of the self-employed worker in the framework of a portage salarial also allows to receive indemnities intended to compensate the absence of income. It is the health insurance that pays the full compensation and not the freelance administration company, but the amount is limited to 3 428 euros/monthin 2022 (1/12 of the annual Social Security ceiling : 41,136 euros/year) for the entire duration of the maternity leave, including possible extensions.
In order to calculate the amount of the indemnity, it is necessary to take into account the remunerations received during the 3 months preceding the maternity leave of the freelance employee. It should be noted that the daily allowance cannot exceed 89.03 euros before the SCG and the CRDS (21%) are deducted.
3- What are the conditions for receiving daily allowances?
The insured must have worked at least 150 hours during the quarter preceding the pregnancy or 600 hours during the 12 months preceding the pregnancy.
She must have earned 1,015 times the hourly minimum wage in the last six months or 2,030 times the hourly minimum wage in the last 12 months.
She must also have been affiliated with the Social Security system for at least 10 months.
4- Maternity leave for freelance workers : what are the steps to take in order to receive indemnities ?
To benefit from a Maternity leave as a freelancer You must request a medical certificate attesting to your pregnancy from your doctor or gynecologist. This document must indicate the presumed date of delivery or the effective dateif this one is already known.
Next, you must inform the Caisse primaire d’assurance maladie in order to receive a pregnancy calendar. This document must be sent to the freelance administration company, along with the pregnancy certificate.
Paternity leave for the self-employed worker
The freelance worker can also benefit from paternity leave. Just like maternity leave, it only entails the suspension of the employment contract ? In other words, the contract is not broken. The freelance worker benefits from the same rights as the traditional employee.
1- Paternity leave: what are the conditions to benefit from it?
Paternity leave is granted to all employees, regardless of their contract, without any seniority requirement. It is also available to self-employed workers, as soon as they have signed a contract with the freelance administration company.
2- Paternity leave for the freelance worker in freelance administration: what duration?
Unless there are provisions in the branch agreement, the duration of paternity leave is 11 calendar days. It increases to 18 days in the case of multiple births.
This period can be extended by 3 days, thanks to the legal leave that the father can benefit from in case of birth of a child. Paternity leave may be taken consecutively or separately from the 3 days of legal leave granted following the birth of one or more children.
Paternity leave is counted in calendar days and includes holidays and weekends. It should also be understood that paternity leave cannot be split and must be taken within 4 months of the birth of the child.
For example, if the birth occurs on July 29, the father can schedule his paternity leave between July 30 and November 30.
Beware, if the presumed date of delivery is different from the actual date, the employee must obtain the employer’s agreement to shift his paternity leave. The self-employed worker must therefore inform the freelance administration company at least one month before the start of the leave date he has chosen.
If the newborn child is hospitalized, the father is entitled to up to 30 days of leave during the hospitalization.
3- What are the supporting documents to be provided?
The freelance worker must provide a copy of the child’s birth certificate or a copy of the family record book with the new information on the baby or the copy of the child’s recognition certificate.
4- What about paternity leave benefits for the self-employed?
The Caisse Primaire d’Assurance Maladie (CPAM) pays daily social security benefits that ensure the payment of the entire net income, within the limit of the Annual Social Security Ceiling (3,428 euros/month in 2022, i.e. 1/12 of the Annual Social Security Ceiling: 41,136 euros/year). The daily allowance is therefore capped at 89.03 euros per day before the CSG and CRDS of 21% are deducted.
The daily social security benefits (IJSS) are paid for the entire duration of the paternity leave, including the additional days granted in case of multiple births. The amount of the daily allowance is calculated on the basis of the wages received during the quarter preceding the paternity leave.
In order to receive daily allowances, you must fill out the form “Wage statement for the payment of daily sickness, maternity and paternity benefits“, Cerfa n°11135*04 . This document must then be sent to the CPAM.
Our tip to benefit from maternity leave or paternity leave for self-employed workers
The portage salarial is a contract involving three parties: the portage employee, the portage company and the client companies of the portage employee. It is a excellent compromise between salaried employment and self-employed status.
As you can see, the employee benefits from the same advantages as the traditional employee. The self-employed worker can combine the freedom and autonomy that his status provides with the advantageous social security coverage provided thanks to the portage salarial. He can also devote himself entirely to his specialty.
To benefit from maternity or paternity leaveIf you are a freelance worker, you should join a company such as ABC Portage, the partner of Codeur.com. This company is distinguished by the quality of its services. The self-employed who register benefit from a personalized accompaniment and are well informed of their rights.
If you are considering joining a freelance administration company, use the ABC portage income simulator. For more information on the advantages of Maternity or paternity leave for self-employed workers Contact our partner. You will be accompanied by an advisor who will be at your disposal. Moreover, it is a completely dematerialized process. You do not need to go anywhere. Find out more about the Maternity and paternity leave for the self-employedwith the company ABC Portage.