Especially for first-time moms, maternity leave is a topic that raises many questions and can seem complicated. Maternity leave, or maternity pay, is a right acquired by women and mandatory by law, designed so that the mother can adjust to a new pace of life, recover from childbirth, and give the necessary attention to her newborn child: a being who is totally dependent on you at this moment1.

Who Is Entitled to Maternity Leave?

All Brazilian women who contribute to Social Security, the INSS, or who have previously contributed and are unemployed, are entitled to maternity leave. This benefit guarantees the woman the equivalent of her fixed salary, or at least the minimum wage, during the period she is off work for maternity: at least 4 months. However, to receive the benefit, you must fit certain rules, such as the waiting period, a minimum contribution period of 10 months, and follow the procedures depending on each situation, detailed below.

Who Is Entitled to 6-Month Maternity Leave?

The 6-month or 180-calendar day leave applies to federal public servants and most state and municipal workers, and employees of companies that participate in the Empresa Cidadã Program. This program encourages extending maternity leave by an extra 60 days, in addition to the initial 120, through a tax incentive for companies. Some unions also try to negotiate extensions with companies in their sectors. This right was achieved by mirroring laws from other countries. Learn how the Empresa Cidadã Program2 works and its procedures:

  • The company employee must request the extension of maternity leave by the first month after childbirth or after the date of being granted custody of the adopted child.
  • The company must have its real profit declaration registered on the Federal Revenue Service website. Around 150,000 Brazilian companies are already registered. You can check this information with your employer’s human resources (HR) department.
  • If your company wishes to declare real profit, the HR department will access the Federal Revenue Service website using the parent company’s access code and will request the extension of your maternity leave. Thus, your salary amount will be deducted from the company’s income tax.

Do Self-Employed Women Who Pay INSS Have the Right to Maternity Leave?

Both formal employees with a work card governed by the CLT and temporary workers, or those working as a sole proprietor or a self-employed/freelancer, must contribute to Social Security – INSS and therefore are covered by maternity leave law. In the case of self-employed mothers or those with domestic work, the request for leave should be made directly to Social Security, starting 28 days before childbirth: it can be scheduled on the website, and then the mother must go to the local office with the original documents or send certified copies by mail. There is no 10-month waiting period for self-employed women.

How to Receive Maternity Leave While Unemployed

Unemployed mothers may also be entitled to maternity leave if their last INSS contribution occurred up to 1 year before childbirth. Or, for those who have worked and contributed for more than 10 years, if the last contribution was up to 24 months before childbirth. This is a social security protection that can be extended for up to 12 months after the leave if the mother can prove she is still unemployed. The salary amount depends on the contribution category, using the minimum wage as a base.

If the Pregnant Woman Loses the Baby, Is She Entitled to Maternity Leave?

Women who have had a miscarriage are entitled to maternity leave, with medical certification proving the situation. In cases of miscarriage up to twenty-three weeks of pregnancy, the leave is two weeks. After the 23rd week of pregnancy, when the loss is considered a birth, the standard leave of 120 days applies and may be extended to 180; or in the case of stillbirths.

If the Baby Is Stillborn, Does the Woman Have the Right to Maternity Leave?

Women who have a stillborn baby, that is, born dead after the 23rd week of pregnancy, can and should also take maternity leave. The general rule applies: 120 or 180 days’ leave.

Do Adoptive Parents Have the Right to Maternity Leave?

Mothers and fathers who have adopted children are also guaranteed maternity leave, counted from the moment custody begins. A person who receives judicial custody for adoption purposes is covered in the same way. The leave period depends on the age of the adopted child – for babies under one year old, normal leave applies, 120 or 180 days. For children up to four years old, leave is only 60 days. And for children over eight years old, the assured salary period is 30 days. Another point is that the leave period does not increase for adopting several children at once3. Adoption leave is not a “maternity” salary, but a “family” salary; that is, it can only be used by one person in the couple, or by the single person who adopted. In a case where the father receives the leave, for example, the mother of the same adoptive child will not be able to take leave.

Can I Be Fired Soon After Returning from Maternity Leave?

Pregnant women and new mothers are entitled to job security during pregnancy, from the beginning of pregnancy until five months after birth, and cannot be dismissed without just cause. Only if the leave is 6 months or if it is joined with vacation time can the employee be dismissed upon return to work, since she will have passed the five months of guaranteed stability. In the case of dismissal for just cause, the maternity pay for the leave period will be paid by the government and not by the company. A company that dismisses a pregnant woman or a mother with a newborn without just cause must pay compensation for labor rights and all salaries corresponding to the period of leave to which she is entitled.

Who Pays for Maternity Leave?

Salaries for on-leave employees with a work card are paid by the company, and afterwards, the INSS reimburses the same company. In the case of the 60-day extension for companies in the Empresa Cidadã Program, the total amount of the 6 salaries is deducted from the company’s income tax.

How to Apply for Maternity Leave?

The leave request must be made with the company for formal employees, or directly with Social Security for civil servants, self-employed, unemployed, and others. Requests can be scheduled on the Social Security website, using the woman’s PIS/PASEP number (found in the work card or on the Federal Revenue registration), her details and employer’s details. Afterwards, she must visit the local branch with original documents or send certified copies by mail. A medical certificate is required when the request is before childbirth, and the baby’s birth certificate when it is after. In cases of judicial custody, the required document is the custody order stating that it is for adoption, and for adopted children, the new birth certificate of the child is requested.

When Can I Start Maternity Leave?

Generally, the woman chooses when to request, usually possible from 28 days before childbirth, except for unemployed women, who can only access the right after birth.

Maternity Leave in College: How Does It Work?

Students who make monthly INSS contributions for a job or voluntarily in an amount of at least the minimum wage are entitled to it even while in college. Thus, pregnant women who are up to date with Social Security for at least 10 months can apply for maternity leave. Keep in mind that the amount received for each month of leave will be based on the reference salary of the contribution.

How to Report Maternity Leave in SEFIP?

FGTS contributions reported in the employer’s or self-employed SEFIP system are normal during maternity leave, as if the woman were working and receiving her salary with deductions. For a microentrepreneur who fills in her own SEFIP, the instructions are:

  • During the leave period, enter the occurrence code “05” in the registration screen;
  • In the “Employee’s Contribution Discounted” field, enter the amount deducted by the contributor for the days worked, and 0 (“zero”) in the months when payment was fully made by INSS;
  • For the other fields, simply follow the instructions in the GFIP/SEFIP Manual
  • The “Deductions – Maternity Pay and 13th Maternity Pay” fields should only be completed by companies, because in the case of the self-employed, the INSS does not reimburse since her leave is paid only by the INSS.

How to Calculate Maternity Leave

Maternity pay is calculated according to the woman’s professional category, already registered with the INSS. Domestic or CLT workers continue to receive the same salary, while self-employed contributors receive according to their contribution category, with the minimum wage as the base. Those who have more than one job are entitled to receive maternity leave for each position.

How to Calculate the Maternity Leave Period

Maternity leave is at least 120 days, which is 4 calendar months. The maximum leave period is 180 days, which is the 6 months allowed for public employees and staff at companies in the Empresa Cidadã Program. Only in cases of miscarriage or adoption of children older than 1 year, the leave period is shorter. When the mother becomes ill or has complications after childbirth, she can extend her leave by up to 15 days, with a medical certificate. This period is paid as sick pay by the company, or after the first 15 days, by the INSS upon a new request.

Does Someone on Maternity Leave Receive a 13th Salary?

Mothers on maternity leave are entitled to the 13th salary and vacation, like any regular worker. The law states that this period counts for all purposes as if she were working normally, unlike other types of leave.