mothers
May 1, 2024
Minutes To Read: 1

Maternity Salary: Understand Your Rights

Maternity pay is the name of the right of any employee who has a job or is a Social Security contributor at the time of childbirth or adoption. This benefit provides for the payment of salary during the leave period.

What the value?

Lawyer Amanda Prandino replies: • The amount of the benefit is equal to the full salary received monthly, or the average of the last six months in cases of variable salary. Are salaries such as holidays, thirteenth or other allowances normally received as well? If a woman has two or more concurrent employment, she will be entitled to a maternity salary for each of them.

What is the duration?

Maternity pay is 120 days (the same period as maternity leave), with the commencement of receipt generally 28 days before delivery and the end 91 days after delivery.

The benefit can be claimed from the eighth month of pregnancy on a medical certificate or after delivery, with the presentation of the birth certificate of the baby. The pregnant woman can work normally until the date of birth if she has physical conditions.

Special situations are also covered by the benefit such as:

The rest period may be extended for up to 14 days before or after delivery if necessary, also upon proof of medical certificate.
In cases of early childbirth, the insured will not have the right interrupted.
In the event of the baby's death or stillbirth, the benefit is maintained normally.
In cases of natural abortion, the insured will be entitled to maternity salary for 14 days.

Unemployed is entitled?

Unemployed persons also have the right as long as they have contributed to social security in their previous employment. The grace period in these cases is 12 months, that is, up to one year after having contributed at least once in a signed portfolio job. Autonomous contributors also have the right, but must have contributed for a minimum of 10 months. The amount in this case is calculated using an average of the last 12 contributions and cannot exceed the social security ceiling of R $ 4,519.

Job stability

The stability of the pregnant woman is guaranteed from the date of confirmation of pregnancy or from the moment the employer is warned and up to five months after childbirth. Resignation during this period may only occur in the event of just cause or upon payment of compensation by the employer.

The pregnant woman is guaranteed the possibility of changing her job position when working conditions require it, without reducing the salary or other rights. "It is also planned to waive working hours for the time needed for at least six medical appointments and exams," adds lawyer Amanda Prandino.