Maternity leave – ask questions

Maternity leave is a right granted to women who become pregnant and have children while they are registered. Leave is a right that ensures a woman’s salary during a period of leave to care for the baby.

In Brazil, the Federal Constitution guarantees the period of leave for pregnant women, without prejudice to employment and salary.

It was created so that workers can get away from their activities and take care of the newborn baby with calm and tranquility, feelings necessary both for the well-being of the mother and for the health of the child.

What exactly is maternity leave and who is entitled? How long can I stay away from my position? How should I proceed to submit my order

and what will I receive? Will the company have a loss on my leave?Below, we gather the main doubts generated by workers on the topic and explain in detail each step of the process.

What is maternity leave?

Maternity leave is the period of absence from professional activities and can be enjoyed by women who are about to have a baby, those who have just won a child and those who have adopted a child.

The right has existed in Brazil since 1943. At the time, the Consolidation of Labor Laws (CLT) determined that the leave would be paid by the employer and would only last 84 days.

Thirty years later, after the recommendation of the International Labor Organization (ILO), the benefit started to be paid by Social Security. In 1988, the Federal Constitution determined that maternity leave would last for 120 days.

Who is entitled to maternity leave?

Maternity leave - ask questions

Every woman with an employment relationship who is about to have a baby, who has just won a child or who has adopted a child is entitled to maternity leavell.

The benefit is granted to workers with the objective of guaranteeing their health and preserving the family bond of the mother and baby.

Maternity leave time

Maternity leave lasts 120 days, that is, about four months. It is important to note that the entitlement can be started up to one month before delivery.

The date can be set by the worker in conjunction with the company. Institutions registered with Empresa Cidadã (tax incentive program launched by the Government) can extend the benefit for another two months, reaching 180 days.

To find out more information about the extension of maternity leave, it is necessary to check with the Personnel Department of the company for which the applicant provides services, if the institution is part of the Government’s program.

Many people do not know, so it is important to note that the Federal Constitution protects working women and guarantees their employment after the period of removal.

How to apply for maternity leave

Applying for maternity leave is easy. The worker must look for the Personnel Department of the company that has an employment relationship and prove her condition (pregnancy or adoption) through specific documents.

It is necessary that the woman is registered with the National Social Security Institute (INSS), if not, the applicant can register through the official website of the institute.

Among the documents that the company may request from the applicant, there are medical reports proving the pregnancy, the baby’s birth certificate or documents related to the adoption. Nothing out of the ordinary.

What is the value of maternity leave

Maternity leave - ask questions

First of all, we need to clarify that maternity leave is the period of absence from professional activities. The maternity wage is the amount received during the leave period.

If the beneficiary receives less than a minimum wage, that is, less than R $ 1,100, the insurance will be in the amount of R $ 1,100. The Federal Constitution does not allow the maternity wage to be lower than the minimum wage.

If the worker receives a payment greater than the current minimum wage, the maternity wage will be in the amount of her current remuneration.
If the salary is variable, just add the last twelve payments and divide by twelve, the result will be the amount paid monthly during maternity leave.

The maternity wage is paid by the employer, but the company receives a refund from the INSS.


The worker does not need to postpone the dream of becoming a mother if her concern is with her salary.
Maternity leave allows women to be exempted from their work for 120 days and guarantees maternity pay for the period of leave, equal to or greater than the amount normally received.

To apply for the benefit, just look for the institution’s Personnel Department and settle small details, such as the date of removal.
The maternity salary will be paid by the company itself, which will be reimbursed in the future by the INSS.

Maternity leave is a labor right for every woman who is about to have a child, who has just won a baby or who has adopted a child. The benefit includes trans women. Nothing is more fair, after all, trans women are women.

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