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WORKING IN SPAIN

How self-employed workers in Spain can request sick leave

In many countries in Europe, including the UK, if you’re a self-employed, you simply won’t get paid if you get ill, but in Spain you can be.

How self-employed workers in Spain can request sick leave
How self employed people can get sick leave in Spain. Photo: Bermix Studio / Unsplash

This is good news for autónomos or freelancers in Spain, one of the toughest countries in Europe to be self-employed. 

This is mainly because, from the first euro you earn, you must pay taxes, plus a monthly social security fee. The fee now depends on how much you earn, but roughly it ranges from €230 for low earners, €320 for mid-earners, and €500 for high earners. 

READ ALSO: Self-employed in Spain: How to calculate your monthly social security fee 

Yes, freelancers in Spain pay a lot out, but there are several benefits they get in return, one of these is sick pay, if you fall ill or have an accident for example.

Whether you have multiple clients, own your own business or just freelance for one main company you will be entitled to paid sick leave in Spain if you’re self-employed. 

Spain’s Social Security office explains that, if due to illness or an accident, someone cannot temporarily carry out their own work, both the necessary health care and an economic benefit may be requested.

READ ALSO: Everything that changes for self-employed people in Spain this year 

How does it work?

If you get ill or have an accident that is not work-related, you will only be entitled to receive pay from the fourth day of leave.  

In order to benefit, certain requirements must be met:

  • You must be registered with the Régimen Especial de Trabajadores Autónomos or RETA. This is the Special Regime for Self-Employed Workers that you will have signed up for when you first became freelance in Spain. 
  • You must also be up to date with all Social your Security payments. 
  • You must have contributed to Social Security for a minimum of 180 days in the 5 years prior to the illness or accident.

The maximum period that you can benefit from temporary leave is 12 months, with periodic medical check-ups. However, an additional extension can be given for a maximum of six months.

READ ALSO: How to hire someone if you’re self-employed in Spain 

How to request sick leave?  

  1. The first step is to go to your doctor and request a ‘baja’ or leave from work. If they feel it’s justified or necessary, they will give you an official sick leave form. 
  2. You will also need to inform your Mutua or Mutual Society, which covers you in these types of events. You can find out which Mutua you belong to by looking at your original RETA confirmation document when you signed up to be autónomo
  3. Next, you must fill out an official Social Security document. Here, will have to specify why you are on leave and explain the situation. While you can download this form online, unfortunately, you will have to physically go to the Social Security or Mutual Insurance offices to present it with your corresponding documentation. In the event that your illness prevents you from doing so, you can authorise another person to do it for you, however, they must take a certified photocopy of your ID card such as your TIE.  

How much sick pay will I receive?

In the case of leave due to a common illness or an accident that wasn’t at work, you will be paid 60 percent of the self-employed regulatory base (the average amount you earn per month). You will receive this from the fourth to the twentieth day of leave. If your illness lasts longer than 20 days, this will go up to 75 percent of the same base.

If you are ill for a long time, remember, however, you must still keep paying your social security fee during the first two months of leave. This means that you will receive even less sick pay because you have to pay your contribution fee from it too. The fee will not have to be paid after the first 60 days. 

Work-related accident or illness 

If the disability is due to an accident at work or a disease derived from your job, no prior Social Security contribution period is required. You will be entitled to sick pay on your first day of leave.

Again, you must visit the doctor and contact your Mutua, and fill out the necessary forms from Social Security.  

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For members

HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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