Question 19625 — self-employed workers and self-employed

Summary

Ms. Annie Chapelier alerts the Minister of Solidarity and Health to the delays in the publication of the decree implementing article L. 623-1 of the social security code providing for the extension of maternity leave for self-employed workers from 74 to 112 days. The extension of maternity leave was adopted in article 71 of law no. 2018-1203 of December 22, 2018 on financing social security for 2019 (LFSS 2019). He increases the minimum duration of leave to 8 weeks, or 56 days compared to 44 days previously, for self-employed workers and agricultural operators, including 2 weeks of prenatal leave. In addition, the duration of payment of their daily allowances will increase, bringing the maximum to 112 days, i.e. a duration identical to that provided for employees. Also, the LFSS 2019 allows the establishment of daily maternity allowances for future farming mothers who cannot be replaced and who cannot, by this very situation, claim compensation for maternity. The LFSS 2019 thus modifies article L. 623-1 of the social security code which provides that a decree must determine the terms of application of the aforementioned article. Furthermore, it was specified that the payment of the allowances mentioned in article L. 623-1 of the social security code would take effect from January 1, 2019. However, the said decree has still not been published. Maternity leave for all is not only a measure of social justice but also a measure of public health. It is part of the objective of preserving health, it reconciles the professional and family life of our independent workers and fairly remunerates those who are injured and who face precarious financial situations. Women farmers meet all these criteria and are the most affected by the delay in implementing the said decree. Also, she recalls the urgency of publishing the said decree in order to correct this situation of inequality as quickly as possible and asks what date its publication is set.

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• Annie Chapelier · auteur

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