Is taking parental leave mandatory if you're self-employed in Spain?
If you’re an autónomo in Spain who is expecting a new baby, you may be wondering whether you can afford to take your full paternity and maternity leave off and what the rules are for returning to work early, or not taking any leave at all.
In Spain, if you are self-employed and expecting a baby, you may be wondering if you are required to take parental leave. The good news is that self-employed workers in Spain receive the same duration of birth and childcare leave as traditional employees. During this time, they receive 100% of their regulatory social security contribution base paid directly by the Spanish Social Security (INSS) and enjoy a 100% bonus exempting them from paying their monthly autónomo quota. However, many self-employed workers worry about losing money and clients by taking the leave.
Legally, the first six weeks of maternity and paternity leave are mandatory for both self-employed and employed workers in Spain. This rule also applies to adoption and fostering. While some may choose to continue working during this period, doing so would be considered fraud in the eyes of Spanish law, and the worker risks losing their benefits, having their entitlement suspended, and even facing serious penalties.
Despite the mandatory leave, self-employed workers can choose to take up to 11 weeks of parental leave flexibly in weekly periods, accumulating or interrupting it until the child is one year old. Additionally, there are two extra weeks of parental leave that can be used until the child turns eight. The best advice for self-employed parents in Spain is to take advantage of the first six weeks to bond with their newborn and put work on hold.
Written by urgent.news from The Local Spain's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
