All You Need to Know About Self-Employed Paternity Leave

Are you a micro-entrepreneur about to become a father? Under certain conditions, you have rights like those of employees. Self-employed individuals can take 'paternity and parental leave.' What are the conditions? What steps must be taken to apply for self-employed paternity leave? Can self-employed workers receive statutory pay or an allowance? Hife answers all your questions!

What Is Paternity Leave for Self-Employed Workers?

The arrival of a baby means taking time off for parental leave! If you are self-employed, you can take paid paternity leave. Whether you are a shopkeeper, craftsman, or professional, all self-employed people pay monthly social security contributions. This entitles them to paid leave when a child is born.

What Are the Conditions for Paternity Leave?

To be entitled to paternity leave, the following conditions must be met:

• You must have been affiliated with the social security system for 10 months as a self-employed person on the presumed date of birth. If this is not the case, the sickness insurance fund may consider your previous professional situation when calculating your entitlement.

• Stop all work for the duration of your leave.

• Use up all your paternity leave within six months of the birth or adoption of your child (compared with four months previously).

You can take this leave even if you are not the baby's biological father. You are also eligible if you are in a civil partnership (PACS), married, or living with the mother.

ℹ From 1 January 2022, self-employed partners can extend their paternity leave by 25 or 32 days, as provided for in Article L1225-35 of the French Labour Code.

Finally, all self-employed people are affiliated with the general plan for sickness, maternity, and paternity insurance, even if they are insured with the CIPAV for their pensions. The Caisse Primaire d'Assurance Maladie (CPAM) is the first port of call for all self-employed workers.

How Long Is Paternity Leave for Self-Employed Workers?

The duration of paternity leave for self-employed entrepreneurs varies according to the number of children born or adopted. It is as follows:

• 25 weeks for the birth or adoption of a single child.

• 32 weeks for the birth or adoption of more than one child.

Following a change in the law, it is now compulsory to take at least seven days of paternity leave after the birth or adoption of a child. If you wish, you can divide the remaining time into two periods of at least five days each. However, the remaining days must be used within six months, or they will be lost.

ℹ Before 1 July 2021, self-employed men were only entitled to paternity leave of 11 days for a single birth or adoption and 18 days for a multiple birth or adoption. The Social Security Financing Act extended this period. Before this date, splitting the allowance into multiple periods was also impossible.

What Do Self-Employed People Receive During Paternity Leave?

The statutory paternity leave pay amount depends on the self-employed person's average annual income, calculated based on the average turnover over the last three years after applying a flat-rate deduction.

The rate of deduction varies according to the type of activity of the auto-entrepreneur:

• 34% for independent professionals.

• 50% for artisans and commercial services.

• 71% for buying, selling, and the provision of accommodation.

To qualify for full compensation during paternity leave for self-employed people, your average annual income must be more than €4,162. Before deductions, your average turnover over the last three years must be more than:

• €6,306 for self-employed activities.

• €8,324 for craft and commercial services.

• €14,351 for buying, selling, and providing accommodation.

How Do I Apply for Paternity Leave If I Am Self-Employed?

Applying for paternity leave as a self-employed person couldn't be more straightforward. All you must do is send one of the following documents to the CPAM:

• A recent copy of the family register.

• A full copy of your child's birth certificate.

• A copy of the father's acknowledgment certificate, if applicable.

If you are not the child's biological father, you must also provide the following documents:

• A marriage certificate if you are married.

• A copy of the civil partnership agreement (PACS) if you are in a civil partnership.

• A Cohabitation Certificate or Cohabitation Honor Certificate co-signed by the mother if you are cohabiting.

Please note that you must declare on your honor that you have ceased all professional activities. This declaration is one of the conditions for receiving the statutory paternity leave pay during the rest period. If you continue to work despite making this declaration, you may be subject to penalties imposed by the CPAM or even more severe sanctions, such as a fine or a prison sentence.

ℹ During your paternity leave, you may cash cheques issued by your clients, whether for services already rendered or to be rendered. The invoice showing the date of the service or sale is authentic. This does not, of course, must coincide with your leave dates.

How Do You Write a Self-Employed Paternity Leave Letter?

Here is an example of the content of an affidavit:

[Dear Sir or Madam]

I hereby inform you of my intention to take paternity and parental leave in accordance with the legislation in force from [start date of leave] (inclusive) to [end date of leave] (date of return to work), i.e., [length of leave] days.

I, the undersigned [surname/first name], [social security number], declare on my word of honor that I will suspend all professional activity from [date of child's birth] until [7 days after child's birth].

As I am entitled to shared leave, I would also like to take a second period of leave from [start date of additional leave] (inclusive) to [end date of leave] (date of return to work), i.e., [length of leave] days, for a total leave of [total length of leave] days.

Yours sincerely,

Now you know all about self-employed paternity leave! Want to know more about this status? Read our latest article on the activity allowance for self-employed people.