Maternity pay is an acquired right of all working women and contributors to social security, also known as INSS. Those eligible for the benefit include women who are self-employed, registered domestic workers, outsourced or temporary employees, and anyone else with a registered employment contract.
Entitlement in Adoption
Those who have just gone through a non-criminal abortion or who have recently gained custody or adopted a child are also entitled to receive maternity pay. The amount to be received depends on the salary registered in the employment record, with the full amount listed on the contract being paid. For workers providing temporary services to several companies, the amount received will be based on the last verified salary. For self-employed workers, the sum of the last twelve months’ contributions should be divided by twelve to determine the monthly benefit.
Rural Workers
Rural workers are entitled to receive maternity pay based on the minimum wage, except if they contribute with a higher salary floor, in which case the maternity pay will correspond to the usual amount paid monthly.
Duration of the Benefit
The period for receiving maternity pay is 120 days and can be extended for another two weeks in extreme cases, as proven by a specific medical certificate demonstrating real need.
In the case of adoption, the benefit only applies if the child is up to 12 years old, granting the mother the same 120 days’ entitlement. The same applies to mothers who give birth to a stillborn baby, with all the benefits previously described. In cases of miscarriage or abortion resulting from a rape protected by law, the woman is entitled to 14 days of the benefit.
Where to Claim the Benefit
The maternity pay benefit should be requested by the company’s human resources department, stating the employee’s leave. However, self-employed or outsourced workers can apply directly at INSS branches in any city or now conveniently online on the Social Security website.
The benefit may be claimed from the 8th month of pregnancy or 28 days before birth, with proof and a medical certificate or, if the baby has already been born, with the birth certificate in hand. For adoptive mothers, it is necessary to provide an updated birth certificate with the adoptive parents’ names already included.
Can I Receive Maternity Pay While Unemployed?
In the past, unemployed women who were no longer contributing to INSS were not entitled to maternity pay, but in 2007 the laws changed, granting the benefit to those who had already contributed to social security and are now unemployed.
As long as the pregnancy occurs during the period normally covered by the insurance. The amount to be received in this case will be calculated based on the previous professional category’s wage floor.
It is important to remember that pregnant women cannot be dismissed, and if the company does terminate the employee during this period, it must pay all salaries corresponding to the leave period as well as all other labor rights stipulated by law.
If you have any questions about the benefit, you can check the Social Security website, call 135, or go directly to service stations. The PIS number, work booklet, and an identity document are required.
See also: Maternity Leave – What Are My Rights?
Photo: Prefeitura de Olinda, Bill McIntyre
_ Caixa de Informações Chave:
- Maternity pay is an acquired right of all working women and contributors to social security, also known as INSS.
- Those who have just gone through a non-criminal abortion or have recently gained custody or adopted a child are also entitled to receive maternity pay.
- For workers providing temporary services to various companies, the amount received will be based on their last verified salary.
- The duration for receiving maternity pay is 120 days and may be extended for another two weeks in extreme cases.
- The maternity pay benefit must be requested by the employing company’s human resources department, stating the employee’s leave.
