Congés maternité et paternité

Maternity leave and paternity leave for self-employed workers

The independent parents those who choose the wage transfer enjoy the same rights as employees. They can therefore take advantage of a maternity leaveof a Paternity leave it’s a leave for the education of children.

Depending on the number of contribution days before pregnancy and the amount of income received, the Social Security covers daily allowance.

If you are self-employed, find out now how to take advantage of it maternity / paternity leave for self-employed workers.

How can freelance mothers take advantage of maternity leave?

Freelance mother on maternity leave

Maternity leave is a legal device which allows an employee to better prepare for the birth of a baby in order to be able to be with him during the first few weeks after childbirth. Once your maternity leave is over, you can go back to work.

Self-employed women can also take advantage of this privilege thanks to the transfer of wages. The same provisions on common rights as provided for by the Labor Code apply. Whatever the nature of the transport contractyou can apply for the leave and benefits that your health insurance pays.

Just like sick leave, maternity leave does not involve the termination of the employment contract, but its suspension. During this leave period, the self-employed in wage portage continues to enjoy all its rights.

1- Maternity leave for self-employed women in salary portage: how long?

The duration of maternity leave under the salary transfer scheme is similar to that indicated by the Labor Code for employees. Unless there are special provisions in the branch collective agreement, it lasts 16 weeks. In addition, they have a legal obligation to take at least one 8 weeks after childbirth to receive daily allowances.

In principle, for the first 2 childrenmaternity leave lasts 16 weeks: 6 weeks before the expected delivery date e 10 weeks after birth. From 3And babyshe is granted leave 26 weeks in total : 8 weeks before delivery and 18 weeks after.

In the case of multiple births, the duration of the maternity leave is extended: 34 weeks for twinsthis is 12 weeks before birth and 22 weeks after; 46 weeks for tripletsthis is 24 weeks before the deadline and 22 after .

If justified by the state of health of the mother, maternity leave can be extended for 14 daysbefore the baby arrives e up to 28 days later .

2- Maternity leave for self-employed workers: calculation of the allowance

Maternity leave for self-employed women in the context of wage transfer also allows them to receive allowances to compensate for lost income. It is the health insurance that pays the entire salary and not the umbrella company, but the amount is limited 3,428 euros / monthin 2022 (1/12 of the annual social security ceiling: 41,136 euros / year) for the entire duration of maternity leave, including any extensions.

To calculate the amount of the allowance, the salary received in the 3 months prior to the maternity leave of the self-employed worker must be taken into account. It should be noted that the daily allowance cannot exceed 89.03 euros net of SCG and CRDS (21%)..

3- What are the conditions for benefiting from the daily allowances?

The insured must provide proof of at least 150 hours during the trimester preceding the pregnancy or 600 hours during the 12 months preceding the pregnancy.

Must have received the hourly SMIC 1,015 times in the last semester or the hourly SMIC 2,030 times in the last 12 months.

She must also have been enrolled in Social Security for at least 10 months.

4- Maternity leave for self-employed workers in salary portage: what steps to receive the allowance?

To benefit from a maternity leave in wage portage , it is necessary to ask the doctor or gynecologist for a medical certificate certifying the state of pregnancy. This document must indicate the expected date of birth or the effective dateif it is already known.

Hence, you must inform the Primary Health Insurance Fund to receive a pregnancy calendar. This document must be sent to the wage transport company, together with the pregnancy certificate.

Paternity leave for self-employed workers

Autonomous paternity leave

Self-employed workers with a salary portage can also benefit from paternity leave. How does maternity leave lead only to the suspension of the employment contract? In other words, the contract is not broken. The self-employed in wage portage enjoys the same rights as the traditional employee.

1- Paternity leave: what are the conditions for using it?

Paternity leave is granted to all employees, regardless of the contract, without seniority conditions. It is also accessible to self-employed workers as soon as they have signed a contract with the wage portage company.

2- Paternity leave for self-employed workers in salary portage: how long?

Unless stipulated in a branch agreement, the duration of paternity leave is 11 calendar days. Increases to 18 days in case of multiple births.

This duration can be extended by 3 days, thanks to the legal leave that the father can benefit from in the event of the birth of a child. Paternity leave can 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 is not divisible and must be taken in the 4 months following the birth of the child.

For example, if the birth takes place on July 29, the father can schedule paternity leave between July 30 and November 30.

Please note that if the expected delivery date is different from the actual date, the employee must obtain the agreement of his employer to postpone his paternity leave. The self-employed worker must therefore inform the transfer company of the salary at least one month before the start of the holiday period chosen by him.

If the newborn is hospitalized, the father is entitled to a maximum leave of 30 days during the hospitalization.

3- What are the supporting documents to provide?

The self-employed worker in salary portage must provide a copy of the child’s birth certificate or a copy of the family book with the new information on the infant or a copy of the child’s recognition document.

4- And the allowances paid for paternity leave for self-employed workers?

The Caisse Primaire d’Assurance Maladie (CPAM) pays the daily social security allowances which guarantee the payment of all its net income, within the limit of the annual social security ceiling (3,428 euros / month in 2022, or 1/12 of the annual social security ceiling: € 41,136 / year). The daily allowance is therefore limited to 89.03 euros per day before the deduction of the CSG and CRDS by 21%.

Daily Social Security Allowances (IJSS) are paid for the entire duration of paternity leave, including additional days granted in the event of multiple births. The amount of the daily allowance is calculated on the basis of the wages received in the quarter preceding the paternity leave.

To receive daily allowances, you must fill out the form “Salary certificate for the payment of daily sickness-maternity and paternity allowances“, Cerfa n ° 11135 * 04 . This document must then be sent to the CPAM.

Our advice for benefiting from maternity or paternity leave for self-employed workers

A wage transfer is a contract that involves three parties: the transferee, the salary transfer company, and the client companies of the transferee. This is a excellent compromisebetween subordinate and self-employed work.

As you will have understood, the transported worker benefits from the same advantages as the traditional worker. The self-employed worker can combine the freedom and autonomy conferred by his status with art advantageous social coverage planned thanks to the wage portage. He can also devote himself entirely to his specialty.

Benefit from maternity or paternity leavethe self-employed must join a wage portage company such as ABC Portage, the partner of Codeur.com. This company stands out for the quality of the services it provides. Self-employed people who sign up benefit from personalized support and are well informed of their rights.

If you are planning to integrate a salary portage company, use the ABC Portage revenue simulator. For more information on the benefits of maternity or paternity for self-employed workers , contact our partner. You are accompanied by a consultant who remains at your disposal. Furthermore, it is a totally dematerialized process. You don’t need to move. Discover the maternity and paternity for self-employed workersNeighbor ABC Portage Company.

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