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Maternity Leave is a Right!Did you know you have a guaranteed right to maternity leave? Even if you are the father of the child, you still have rights—fewer than mothers, but yes, they do exist. The standard leave period is 120 days, and for public employees it can reach 180 days. Ideally, a mother should be able to stay exclusively with her children during the baby’s first year, and the current effort is to extend leave periods for both fathers and mothers.
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Every woman who is an INSS contributor with a registered job in her work card is entitled to the benefit of maternity leave. It doesn’t matter if she provides temporary services or contributes as self-employed. Women who have left their professional life but chose to pay social security also have this right.
To obtain this right, it is necessary to have at least 10 months of monthly contributions in the year of pregnancy, with the payment amount based on the base salary of the contribution. If paid based on the minimum wage, the maternity leave value will be equal to the minimum wage. If a different amount is registered, the amount to be received is the one shown in the work card.
Maternity leave has a duration of 4 months, which in some professional categories can be extended up to 6 months. The benefit begins to be paid as soon as the woman is placed on leave by the OB-GYN during pregnancy or after the baby's birth. On the other hand, the birth certificate must be presented as proof.
The maternity leave benefit must be paid directly by the hiring company, which will later be reimbursed by INSS. In the case of self-employed women and contributors through social security, the benefit must be obtained directly at social security offices, by presenting the PIS card, work card, and personal documents.
Women who have had a stillborn baby are also entitled to maternity leave, supported by law for any baby who died after the 20th week of gestation, whether inside the uterus or in a premature birth. Fathers are also entitled to maternity leave, granted by law for a period of 5 consecutive days, and only for those who are registered in the work card.
In addition to the maternity leave benefit, mothers have a stability period that lasts for 5 months after the baby's birth, during which the employer cannot dismiss her except for just cause. A company that dismisses a pregnant employee or does so during the postpartum period must pay all salaries for the relevant months, together with the leave period and other labor rights.
Photo: Lawrence Chard
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