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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.

Published: 6 June 2023 13:24 CEST
Updated: 24 February 2024 11:49 CET
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

BRITS IN SPAIN

Six factors British people need to consider before retiring to Spain

If you're a UK national and thinking of retiring to Spain, there are some important factors you need to think about before making the move, and before you make any decisions about your UK pension.

Published: 3 May 2024 09:59 CEST
Six factors British people need to consider before retiring to Spain

Retiring to Spain is a dream for many, but in order to make that dream a reality, you need to know that you can financially support yourself.

For most retirees, their main or only income will be a UK pension, so it’s important to understand how your pension will work once you make the move to Spain. 

There are some specific rules and restrictions you should know when your pension is paid outside of the UK. You also need to understand how your pension will be taxed in Spain.

Financial adviser, Maeve Hoffman, from Spectrum IFA Group, emphasised that people should not take these decisions lightly, telling The Local: “Figuring out what to do with your pension should be part of your wider financial plans for your life”.

“This may be your most important asset, besides your home, and the best answer for what to do with your pension is highly individual. There are no sweeping generalisations when it comes to advice on private pensions. Everyone’s situation is different,” she said.

This article is intended as an overview of how the system works for UK pensioners and is not intended as a substitute for individual financial advice. It’s aimed at people who have worked most or all of their career in the UK and then plan on retiring to Spain – the situation is slightly different for people who have worked in Spain and then retire here.

READ ALSO: Which UK benefits can Brits keep if they move to Spain?

Long-term or short-term

The first thing you need to decide is if you’re moving Spain for the long-term or short-term. 

If you’re looking to stay here permanently, there are certain advantages you can benefit from, but they could make things extra complicated if you end up returning to the UK in the future.

Make sure you ask yourself the tough questions so you can think about every eventuality. Is there a chance that you will have grandchildren in the future that you’ll want to be close to them? Have you ever spent a significant time in Spain, before, apart from just for short holidays? Do you have connections to Spain, such as friends, family or a home? If your health deteriorates, will you want to be cared for in Spain or the UK?

If are unsure about the answers to these questions, then take some time to really think about them. There are alternatives to permanently moving to Spain if you are unsure – for example, you can stay here for three months without the need for a visa.

Understand the different tax rules

British retirees should be aware that the UK and Spain have very different tax systems.

Once you become a tax resident in Spain you have to file a yearly declaration on your global income. Your UK pension will be taxed in Spain and you will no longer be liable to UK taxation, unless you have a government service pension.

You can check if your pension is classified as ‘government’ here.

The UK state pension, as well as any other private pensions, will be taxable in Spain.

Because of this, will want to think about whether your previous plans for your private pension were only advantageous to you as a UK resident. Once you become a Spanish tax resident, they could have unforeseen implications.

For example, there is no tax-free lump sum in Spain. If you want to take out a lump sum, taking it while you are still a UK resident will save you a lot in tax.

Taxes also depend on the region in which you decide to retire to. Some are a lot more advantageous than others, so it’s important you know the rules of where you plan on moving to. 

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

Get reliable, expert financial advice before doing anything

If you have decided you want to be in Spain permanently, then you will need some expert tax and pension advice – but you need to be careful who you take advice from, this is a highly specialist area and it’s unlikely that high street financial advisers will have the knowledge that you need. 

Brexit has also made getting financial advice more complicated, with fewer experts available.

Hoffman told The Local: “Because of Brexit, you cannot use a UK-based financial adviser anymore – you have to use an EU-registered one. This has made things more complicated. When picking an adviser, seek out someone who has expertise on the local taxation rules. They should also be regulated with the financial regulator where you live and where they work”. 

It can be especially complicated to work out who you should and shouldn’t take advice from – for example, some UK-based advisers have continued to give advice to EU-based clients, even though are not following EU regulations anymore. 

Hoffman adds: “There are free, government-based services in the UK that can help you understand your private pension – Pension Wise and Money Helper. Before doing anything, you should consult the free services. Any financial adviser worth their salt would recommend this too. 

“These services have begun to have longer wait times, so be sure to book well in advance of when you plan to draw from your pension.”

Decide whether to transfer your pension

Another question that is important for Brits to think about is whether or not to transfer their pension into either a UK-based SIPP for non-residents, or a QROPS (Qualifying Recognised Overseas Pension Schemes).

The SIPP will keep your pension in the UK, while the QROPS moves it out of the UK. 

These options can be helpful for residents in Spain, but you need to familiarise yourself with their benefits and drawbacks.

“The QROPS is not for someone who is unsure of their future, as if you return to the UK within five years of the pension transfer, HMRC will seek their tax back as if it was a full encashment,” Hoffman said.

You should also beware of scams on this subject, as the post-Brexit period saw many scammers seeking to persuade Brits that it was now mandatory to transfer their UK pension – always be wary of any cold-calling or unsolicited financial advice.

Determine how you will draw from your pension

The next factor to consider is how you want to receive your pension – either as regular income or as a lump sum. The option that you chose will have tax implications in Spain.

Generally, the tax rate will depend on the amount of your pension, but can range from 19 to 47 percent in Spain.

Remember that there is no ‘tax-free lump sum’ in Spain, so it’s best that you don’t draw from your pension that way.

Healthcare and Social Security

You won’t automatically be covered for healthcare in Spain if you retire here, because you won’t be working and therefore won’t be paying social security.

Thankfully, there are various options. UK nationals who retire to Spain (and have never worked in Spain) and have already reached the state pension age can apply for the S1. This means that the UK continues to pay for their healthcare costs and they would not be charged social security. Non-working spouses of an S1 holder can also benefit from this.

READ ALSO – Healthcare in Spain: the steps to apply for the S1 form for UK state pensioners

You can also choose to pay for the convenio especial (which translates to ‘special agreement’). This allows foreigners in Spain to pay a monthly sum into the country’s public health system to have access to it, even if they don’t work. To access it, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

Of course, you also have the option of getting private health insurance too.

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