Maternity/Paternity Leave for the Self-Employed: Everything You Need to Know
You are self-employed and are about to become a mother or father. You have the exact same rights as any employed person: 19 weeks at 100% of your regulatory base, and without paying contributions. We explain how it works and how to apply for it without errors.
If there's one thing that generates doubts and errors among self-employed individuals having a baby, it's precisely the management of birth leave. How is what I'm going to earn calculated? Do I have to keep paying contributions? Do I apply to the INSS or to the mutual insurance company? Can I work a little while I'm on leave?
In this guide, we answer all your questions with data updated to 2026, without unnecessary technicalities and with everything you need to avoid losing a single day of benefits or making errors in the application.
How many weeks of maternity/paternity leave does a self-employed person get in 2026?
The quick answer: 19 weeks per parent, exactly the same as for an employed person. The structure is as follows:
6 mandatory weeks
Immediately after birth. Continuous, full-time. Cannot be delayed or split.
11 voluntary weeks
You can take them continuously or in weekly blocks during the baby's first year of life.
2 additional weeks
New since RDL 9/2025. Paid and flexible, you can use them until the child turns 8 years old.
Special cases
Multiple birth or baby with a disability: +1 extra week for each child after the first or for recognized disability.
How much does a self-employed person earn on maternity/paternity leave?
The benefit is equivalent to 100% of your regulatory base. To calculate it, the Social Security sums the contribution bases of the 6 months prior to the month before birth and divides the result by 180. The result is your daily benefit, which, multiplied by 30, gives the monthly amount.
Simply put: if you have been contributing for months based on the minimum base, you will receive around the minimum base. If you have contributed based on higher bases, you will receive more. Here is an approximate example:
| Monthly contribution base | Approx. daily benefit | Approx. monthly benefit |
|---|---|---|
| ~€950 (minimum base 2026) | ~€31.67/day | ~€950/month |
| €1,500 | ~€50/day | ~€1,500/month |
| €2,000 | ~€66.67/day | ~€2,000/month |
The birth benefit is exempt from income tax (IRPF). It is not taxable in your income tax return. It is income you receive in full, without deductions.
Exemption from self-employed contributions during leave
This is one of the big advantages that many self-employed individuals are unaware of: during the entire maternity/paternity leave, you are 100% exempt from paying self-employed contributions. You do not pay the monthly fee, but you remain registered with RETA. This means that your health coverage is maintained and the period continues to count towards retirement and other benefits.
How much does this saving amount to? If you pay the minimum contribution (around €300/month in 2026), in 19 weeks you save more than €1,400 in contributions alone. If you contribute based on higher bases, the saving is greater.
Review your contribution base before birth. If you have been contributing at the minimum for months and your activity has been going well, you could have increased it before childbirth to maximize the benefit you will receive. Once the baby is born, you can no longer modify the previous 6 months. At Babybelegal, we help you plan this in our self-employed consultancy.
Requirements to access maternity/paternity leave as self-employed
To be entitled to the contributory benefit, you need to meet three conditions:
- Be registered with RETA at the time of birth, adoption, or fostering.
- Be up to date with payments of self-employed contributions. If you have debt, Social Security gives you 30 days to regularize it through an invitation to pay.
- Meet the minimum contribution period according to your age on the date of the triggering event:
| Age on date of birth | Minimum contribution required |
|---|---|
| Under 21 years old | No prior contribution requirement |
| Between 21 and 26 years old | 90 days in the last 7 years, or 180 days in total working life |
| Over 26 years old | 180 days in the last 7 years, or 360 days in total working life |
Can I continue working during my leave?
Regulations require the total cessation of professional activity during the weeks you enjoy the leave. You cannot issue invoices or carry out tasks related to your business while you are receiving the benefit.
However, if you have contracted employees, they can continue with your company's activity. What you, as a self-employed individual, cannot do is directly perform the work.
One exception: weeks taken on a partial basis (50% of the working day + 50% of the benefit) do allow working 50%, although this option has specificities that should be carefully reviewed before applying for it.
How to apply for maternity/paternity leave as a self-employed person: step-by-step
The process is carried out before the INSS (National Social Security Institute), not before the mutual insurance company. Here are the steps in order:
Gather documentation
You will need: DNI (ID), birth certificate or baby's registration, declaration of activity status (explaining what happens with your business during leave), and a certificate of being up-to-date with Social Security payments.
Submit the application to the INSS
You can do it online through the Social Security electronic headquarters with a digital certificate or Cl@ve, or in person at your CAISS (Social Security Information and Service Center) with a prior appointment.
Do it as soon as possible
There is no strict legal deadline, but the sooner you apply, the sooner payment begins. The INSS can take weeks to resolve. Doing it late does not cancel the right, but it delays collection.
Also manage the contribution exemption
The 100% contribution bonus is automatic once the benefit is granted, but it is advisable to verify that it has been correctly applied to your next month's receipt.
Plan for fractional leave if needed
If you wish to take voluntary weeks in separate blocks (e.g., rejoining work and taking leave again later), you must communicate this to the INSS for each new period. We manage this for you.
What if you're self-employed and want to start your leave before childbirth?
The biological mother has the option to start her leave up to 4 weeks before the expected due date. These weeks are deducted from the total of 19, so the post-natal leave is shortened by the same amount.
If you have a physically demanding profession or simply want to be more rested before childbirth, this option may make sense. The other parent cannot advance their leave before birth.
Frequently Asked Questions about Maternity/Paternity Leave for the Self-Employed
Is maternity/paternity leave for a self-employed person paid by the INSS or the mutual insurance company?+
It is paid by the INSS (National Social Security Institute), not your collaborating mutual insurance company. This is an important distinction because it also means that the application is submitted to the INSS, not to the mutual insurance company. The mutual insurance company only intervenes in cases of temporary incapacity due to common illness or accident.
Do I have to deregister as self-employed to receive the benefit?+
No, not at all. During maternity/paternity leave, you remain registered with RETA. What happens is that your activity is temporarily suspended, and you are exempt from paying the contribution. Upon rejoining, you will simply resume your activity normally.
Can both self-employed parents take leave at the same time?+
Yes. Each parent has their own independent right to 19 weeks. They can enjoy them simultaneously, staggered, or in any combination that works for them. The fractional leave strategy—where one takes the second part when the other returns to work—is very popular among self-employed individuals to extend time at home with the baby. If you want to plan the best strategy for your situation, our self-employed consultancy is designed exactly for this.
Can the benefit be combined with any activity?+
For weeks taken on a full-time basis, regulations require the total cessation of activity. In partial mode (50% of working hours + 50% of benefits), you can work part-time. What is not allowed under any modality is to bill 100% while receiving 100% of the benefit. If in doubt about your specific situation, it is best to consult before applying.
Am I entitled to the €100/month working mother's aid as a self-employed woman?+
Yes, if the mother contributes to RETA and has a child under 3 years old with the right to a maternity deduction. You can choose between two options: the €1,200/year deduction on your income tax return for 3 years, or the monthly advance payment of €100/month for 3 years. We manage this as part of our birth packs.
Let us handle your leave
Applying for maternity/paternity leave as a self-employed person involves more steps, more documentation, and more room for error than for an employed person. An error in the documentation, an incorrectly completed form, or not submitting it on time can delay the first payment by weeks.
At Babybelegal, we manage everything: the application to the INSS, the declaration of activity status, follow-up until the first payment, and, if you need it, the study of all additional aids your family may be entitled to. We also process the baby's Social Security registration and the €100/month working mother's aid, so that nothing is left out.
You enjoy your baby. We'll handle the paperwork.
We take care of everything, you enjoy your family.
We manage your maternity/paternity leave, contribution exemption, baby's registration with Social Security, and all the benefits you are entitled to. 100% online, from any autonomous community.
