Maternity Leave – What are My Rights?

Nowadays, we hardly find women who do not work outside the home and whose main focus is not on professional life, but when motherhood slams the door and pregnancy happens, there are concerns and fears about how it will be. So we are going to clarify the issue of maternity leave and stability, so that mothers understand more about their rights and can be calm during this period.

 

Who is entitled to maternity leave?

The maternity leave is a right that every working woman INSS contributors have when regardless of what type of service becomes pregnant and what form is taxpayer.

Women will be entitled to this license and stability if they are registered, if they do temporary work, do temporary work and even work autonomously, as long as they are taxpayers.

Some women who do not work outside the home and who give up their professional life staying at home with their children, but are concerned about paying social security thinking about the future, are also entitled to maternity leave, obviously there is a minimum contribution time to have that right.

You must contribute at least 10 months on a monthly basis, and you will receive a reference on the salary that you pay, for example, if you pay under the minimum salary, you will receive the minimum salary on maternity leave.

What is the amount to be received?

In general, the amount to be received for maternity leave is equal to the mother’s proven monthly salary, listed in the register or if she does household work, she is also entitled to full salary. The receiving period is equivalent to the time off, which occurs in the minimum period of four months and can reach the maximum period of six months .

The period of leave will depend on the area in which you work, as this period of maternity leave has not yet been approved for all professional categories, so the HR sector should be consulted to verify the term of their category.

Who Pays for Maternity Leave?

In the case of women registered in the portfolio, the contracting company must pay the full amount of the salary to the employee, who will receive the transfer or refund from the INSS. In the case of autonomous women, the application for maternity leave must be made directly with social security.

The social security that will be responsible for paying these salaries. In case the woman has two employment ties, she will receive the benefit of maternity leave for each of them.

When to Start Receiving Maternity Leave

Maternity leave begins to be received after the mother has left the hospital, and this will only happen when she wants to or due to need and health problems.

The expectant mother can request leave until 28 days before delivery or after the baby is born , which is the most requested because the mother has even more time with the baby after birth.

In order to start receiving maternity leave, it is required to present the medical certificate or in case of leave after delivery, present the baby’s birth certificate, along with the work card with the PIS card.

Adoption Maternity Leave

In the case of adoption , the mother also has her rights guaranteed normally, receiving her maternity leave within 120 calendar days and having her leave guaranteed by the INSS, just look for your city’s social security with the adoption documents.

Maternity Leave for Stillborn Baby

Another fact that not all women know about is maternity leave in the case of a stillborn baby. The court determines that for babies who died after the 20th week of pregnancy, whether in the womb or in premature birth, the mother will be entitled to maternity leave, this will help the mother’s emotional and psychological recovery.

Paternity leave

Remembering that daddies are also entitled to paternity leave , even though the period released is much less useful for daddy to help mommy in whatever she needs, especially after the baby is born.

The leave period is five calendar days from the child’s birth date and is only valid for registered employees.

Mother Stability

As for the stability of maternity leave, the mother may only be dismissed after five months of the birth of her baby , depending on the term for her professional category.

The stability starts from the moment the woman announces the pregnancy, and she can only be dismissed from the company for a just cause, otherwise if the company wants to disconnect the employee, she must pay not only the wages for the whole pregnancy and the period of absence, like all your other labor rights.

Today there is a bill of special commission for early childhood under discussion, one of the points to be discussed is about the period of maternity leave for both mom and dad.

The focus is to get maternity leave in the period of 1 year for women and 1 month for dads, now all we need is for mothers to hope to be approved, as we all know how important the presence of the mother is, especially in the first year of life. of child.

See also: Breastfeeding Leave – Rights of Mother and Baby

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My name is Dr. Alexis Hart I am 38 years old, I am the mother of 3 beautiful children! Different ages, different phases 16 years, 12 years and 7 years. In love with motherhood since always, I found it difficult to make my dreams come true, and also some more after I was already a mother.

Since I imagined myself as a mother, in my thoughts everything seemed to be much easier and simpler than it really was, I expected to get pregnant as soon as I wished, but it wasn’t that simple. The first pregnancy was smooth, but my daughter’s birth was very troubled. Joana was born in 2002 with a weight of 2930kg and 45cm, from a very peaceful cesarean delivery but she had already been born with congenital pneumonia due to a broken bag not treated with antibiotics even before delivery.

Dr. Alexis Hart

My name is Dr. Alexis Hart I am 38 years old, I am the mother of 3 beautiful children! Different ages, different phases 16 years, 12 years and 7 years. In love with motherhood since always, I found it difficult to make my dreams come true, and also some more after I was already a mother. Since I imagined myself as a mother, in my thoughts everything seemed to be much easier and simpler than it really was, I expected to get pregnant as soon as I wished, but it wasn’t that simple. The first pregnancy was smooth, but my daughter’s birth was very troubled. Joana was born in 2002 with a weight of 2930kg and 45cm, from a very peaceful cesarean delivery but she had already been born with congenital pneumonia due to a broken bag not treated with antibiotics even before delivery.

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