Index
The maternity wage is an acquired right of all women workers and social security contributors or as the INSS is known. Those who work as a self-employed person, registered domestic worker, outsourced or temporary employment and any other function that has a portfolio record are entitled to the benefit .
Adoption Law
You are also entitled to receive maternity pay if you have just had a non-criminal abortion or who have just secured custody or adopted a child. The amount to be received depends on the amount of salary shown in the work card, with the full amount informed in the registry released. In the case of workers who provide temporary services to several companies, the amount to be received will be their last proven remuneration. For the self-employed, the salary of the last twelve taxpayer months must be added and the amount to be received will be one twelfth of the total amount.
Rural workers
Rural workers are entitled to receive under the minimum wage, except if they are taxpayers with a higher wage floor, then the maternity wage will correspond to the amount paid monthly.
Benefit Receipt Time
The time for receiving the maternity wage is 120 days and can be extended for another two weeks in extreme cases and proven through a specific medical certificate where they demonstrate the real need.
In the case of adoption, you will only have the right if the child is in the age group of up to 12 years of age, giving the mother the same 120-day right. You will have the same right to the one who gives birth to a dead baby, having the same receiving rights informed previously. In case of spontaneous abortion or abortion resulting from a rape supported by the law, the woman will be entitled to 14 days of the benefit.
Where to Apply for the Benefit
The maternity wage benefit must be requested by the human resources department of the employing company, alleging the employee’s dismissal. But in the case of a self-employed or outsourced worker, the application can be made directly at the INSS posts in each city or now with the facility to do it online on the Social Security website itself.
You can apply for the benefit from the 8th month of pregnancy or 28 days before delivery, under proof and medical certificate or if you were already born with the baby’s certificate in hand. In the case of the maternity salary for the adoptive mother, it is necessary to present the updated birth certificate with the name of the adoptive parents already listed.
Do I Receive Maternity Salary Being Unemployed?
In the past, those who were unemployed without contributing to the INSS were not entitled to maternity wages, but in 2007 the laws were changed approving the benefit for those who have already contributed to social security and currently this stop.
As long as the pregnancy occurs in the period in which the insurance normally covers. The amount to be received in this case will be calculated on top of the salary floor of the professional category that you previously exercised.
Bearing in mind that pregnant women cannot be dismissed , and if the company sends the employee away, during this period, she must pay all the wages corresponding to the period of the leave in addition to the other labor rights stipulated by law.
If you have any questions about the benefit, you can check it on the Social Security website, by calling 135 or directly at the service stations. It is necessary to present the PIS with the labor card and identity document.
See also: Maternity Leave – What are My Rights?
Photo: Olinda City Hall, Bill McIntyre
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Key Information Box:
- The maternity wage is an acquired right of all women workers and social security contributors or as the INSS is known.
- You are also entitled to receive maternity pay if you have just had a non-criminal abortion or who have just secured custody or adopted a child.
- In the case of workers who provide temporary services to several companies, the amount to be received will be their last proven remuneration.
- The time for receiving maternity wages is 120 days and can be extended for another two weeks in extreme cases.
- The maternity wage benefit must be requested by the human resources department of the employing company, alleging the employee’s dismissal.
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.
