This article is for entrepreneurs, artisans, merchants and their employee spouses who are subject to the BIC Artisan/Commerçant tax regime.
Payment of sick leave
If your health condition does not allow you to go to work and you have received a certificate of incapacity for work from your doctor, then you can count on payment of disability benefits - IJ (Indemnités Journalières).
Terms of payment in case of illness
Artisans, merchants, entrepreneurs, micro-entrepreneurs or spouse employees can receive daily allowance under certain conditions.
To be eligible for sick pay, you must demonstrate at least 12 months of continuous activity.
Note: If rights are not respected, your sick leave can, under certain conditions, be compensated for the retention of rights from your previous activity: check with your primary health insurance fund (CPAM).
To receive sickness IJ while sick, you must meet three conditions:
- You are temporarily unable to continue or resume professional activities due to illness.
- You are not working as prescribed by your attending physician, who has noted this inability to continue or resume professional activities.
- You have stopped your activities.
Disability benefits - IJ (Indemnités Journalières)
You are paid per diem to replace your income during illness. Under certain conditions, you may receive per diem after a 3-day waiting period. They are calculated based on your accrued income and are paid on average every 14 days.
Please note: per diem statements also confirm your pension rights - keep them.
Benefit amount - calculation base
The daily benefit you will receive during illness is equal to 1/730th of your average annual income from activities (Raam). It is calculated as the average of your accrued income for the 3 calendar years preceding the date you ceased employment.
Your income counts towards the PASS annual social security cap in effect on the date of your medical disability report. Even if your average annual income from activities exceeds PASS, your daily allowance cannot exceed the maximum amount of EUR 56.35 gross established on January 1, 2021.
If your average annual income from activity (Raam) for the 3 calendar years of activity preceding the cessation of employment is less than 10% from the Pass valid for the 3 years in question, your daily allowance will be €0.
Disability pension for disability or death
Contribution amount
The professional income to which the contribution rate applies must not exceed PASS. The applicable rate is 1.3%.
Amount of disability pension for entrepreneurs
An entrepreneur can receive a disability pension in the amount of one of the following amounts:
- 50% of average annual income is paid in case of total disability.
- 30% of average annual income is paid in case of partial disability.
The average annual income is equal to the average income for the best 10 years of his career or for all years if he worked for less than 10 years.
Conditions for payment of benefits
- The age should not have reached the statutory retirement age (62 years).
- Working capacity or income must be reduced by at least 2/3.
- He must be receiving daily sick pay at the time of the disability claim or he must have been an affiliate for at least 1 year at the time of the claim.
- He must contribute an average annual income from activities at least equal to 10% of the average annual Social Security maximum for the 3 years preceding the effective date of the pension.
If an entrepreneur ceases to participate in the entrepreneurs' social security system, he can continue to receive a pension for 1 year thereafter.
He can receive this pension until he is 67 years old as an active person.
He ceases to receive a disability pension if he decides to exercise his pension rights before the age of 67.
If you are interested in what benefits for temporary disability or disability you can count on, as well as survivor benefits and the forecast of your future pension. It is interesting to know what solutions are available that will allow you to provide financial protection for you and your loved ones. Sign up for a consultation.
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