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Stability after maternity leave is a subject that generates a little doubt in working mothers, who want and need to return to work after the baby is born.
When the baby is born, he needs a lot of care and attention that only the mother can give. Among them, the breastfeeding exclusively breastfed until at least 6 months old.
Can I be fired after returning from maternity leave?
Every woman has the right to decide when to become a mother, however, when the woman is a wage earner, there may be fears that her pregnancy will lead to dismissal after the baby is born.
According to the Labor Inspection Secretariat – SIT, dismissal after stability after maternity leave is one of the most common excuses used by employers when firing a woman who returns to work after giving birth.
Some companies opt for the dismissal of the woman who had baby, because according to the article 396 of the CLT (Consolidation of Labor Laws) which states that during the workday, the employed mother is entitled to two special pillows in half an hour each one, to breastfeed his own son, until he is six months old, or maybe, sometimes he is late because he has to take him to the doctor, now situations like this.
Thinking about it, the Brazilian legislation foresaw, in art. 10 of the Transitional Constitutional Provisions Act (ADCT), the stability of the pregnant woman from confirmation of pregnancy to 5 months after delivery .
That is, if the woman only leaves on the date of delivery , she still has a month of stability after maternity leave , when she will return to her work activities.
What happens if I go back to work and get fired?
Stability after maternity leave is supported by law . Having a child should not be grounds for dismissal and constitutes discrimination for women.
“If companies discard all women who become mothers, in the future there would be no people to hire, because they would be afraid of becoming pregnant,” says Ronoel Vela, lawyer and General Director of Labor Inspection at the Ministry of Labor and Social Security in El Salvador .
Although there is legislation that protects pregnant women, protection is no longer valid at the end of the stability period after maternity leave.
Is Stability After Maternity Leave the Same Stability of Pregnancy?
Yes, all pregnant women who work with a formal contract cannot be dismissed without just cause from the date of conception of the pregnancy (and not of its discovery) until five months after delivery, which fits in the stability after maternity leave.
If the woman discovered the pregnancy after having been dismissed from the company, but can prove that the fertilization was done while she was still an employee, she has the right to readmission .
The law guarantees immunity to all mothers with active employment , which also includes the period of notice. A very common example is when the woman who has already been fired is fulfilling the notice and discovers that she is pregnant.
She has not yet been dismissed from the company, she is an employee, so she also has the same rights as those who remain employed. The right to stability is important for the mother and the baby, since it is very difficult for a pregnant woman to get a new job, especially in the period close to delivery.
The dismissal of pregnant women is only valid if it is for a just cause or on the initiative of the future mother.
What is Maternity Aid?
Maternity allowance, also known as maternity pay, is a benefit created so that pregnant women, pregnant women from rural areas and adoptive mothers, can have an income, during the period when they will not be able to carry out their professional activities normally.
Unfortunately, many women do not have the necessary information and end up not taking advantage of this excellent benefit because they do not have adequate knowledge of their rights.
Domestic workers, women who contribute voluntarily, women who contribute individually and unemployed women are entitled to the benefit, but many of them do not know this.
This benefit is paid for 120 days , that is, 4 months after the baby is born, or if recommended by the doctor, it can be paid 28 days in advance and up to 91 days after delivery.
What is the Value of Maternity Aid?
In general, the amount of maternity allowance will depend on the position or the current regime where the worker is. For women who have CLT, the amount will be equivalent to the current salary they receive at the company.
In the case of being a self-employed worker, the amount of the receipt for her will be the average of the last year of receipts , which can be proven with bank statements or closed contracts.
If she is a rural worker, who is contributing to the INSS, she will receive a minimum wage during the 4 months of the right . Unemployed mothers can also apply for maternity assistance at Social Security, where they will assess what was the last period worked with a formal contract, and whether they can even receive the full amount of the entitlement.
See Also: Paternity Leave – Who’s Right?
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.
