Nowadays, it’s rare to find women who don’t work outside the home, and for many, their main focus is their professional lives. But when motherhood comes knocking and pregnancy happens, worries and fears arise about what the future holds. That’s why we’re here to clarify maternity leave and job security, so that moms can better understand their rights and feel at ease during this time.
Who Is Entitled to Maternity Leave?
Maternity leave is a right that every working woman contributing to the INSS has when she becomes pregnant, regardless of her job type or how she pays into social security.
Women have the right to this leave and job security if they have a formal job contract, do temporary work, provide temporary services, or even work as self-employed—provided they make contributions.
Some women choose not to work outside the home, prioritizing being at home with their children, but still pay social security thinking about the future. These women are also entitled to maternity leave, but there is a minimum contribution period required to receive this benefit.
You must contribute for at least 10 months on a monthly basis and will receive based on the reference salary you pay. For example, if you contribute based on the minimum wage, your maternity leave benefit will be equivalent to the minimum wage.
What Amount Will Be Received?
In general, the maternity leave amount equals the mother’s proven monthly salary on record, or if she works in domestic service, she’s also entitled to the full salary. The payment period equals the leave period, which is a minimum of four months and can be up to six months.
The length of leave will depend on the sector in which you work, as the extended maternity leave period has not been approved for all professional categories. Therefore, the HR department should be consulted to confirm the rules for your category.
Who Pays for Maternity Leave?
For women with a formal job contract, the employer must pay the full salary to the employee, and will later be reimbursed by the INSS. For self-employed women, the maternity leave request must be made directly to Social Security.
Social Security is responsible for these payments. If a woman has two jobs, she is entitled to receive maternity leave payments for both employment contracts.
When Does Maternity Leave Start?
Maternity leave starts after the leave request is filed, which happens when the mother chooses or due to health needs and complications.
The expectant mother can request leave up to 28 days before the birth or from the day the baby is born, which is the most common as it allows the mom more time with the baby afterward.
To start receiving maternity leave, you must present a medical certificate or, if applying after the baby has been born, provide the baby’s birth certificate along with your employment record book and PIS card.
Maternity Leave for Adoption
In adoption cases, mothers are also fully entitled to maternity leave, receiving 120 consecutive days of leave, which is guaranteed by the INSS. Just visit your local Social Security office with the adoption documents.
Maternity Leave for Stillbirth
Another situation many women are unaware of is maternity leave in case of stillbirth. The law states that for babies who pass away from the 20th week of pregnancy onward, whether in the womb or in premature labor, the mother has the right to maternity leave—this helps support her emotional and psychological recovery.
Paternity Leave
Remember, fathers are also entitled to paternity leave. Although the period is much shorter, it’s still very helpful for fathers to support mothers, especially right after the baby is born.
The leave is five consecutive days starting from the child’s birth, and is only valid for employees with a formal job contract.
Job Security for Mothers
Regarding job stability after maternity leave, the mother can only be dismissed after five months from the baby’s birth, depending on the rules for her professional category.
Job stability starts from the moment the woman announces her pregnancy; she can only be dismissed for just cause during this period. Otherwise, if the company wants to dismiss her, they must pay not just the salaries for the entire pregnancy and leave period, but also all other labor rights.
There is currently a bill under discussion by the special commission on early childhood—one of the points under discussion is the length of maternity and paternity leave.
The goal is to extend maternity leave to one year for mothers, and one month for fathers. Now it’s up to us, moms, to hope it passes, as we all know how important a mother’s presence is during a child’s first year of life.
See also: Breastfeeding Leave – Rights of Mom and Baby
Photo: Sanutri Infant Nutrition
