How Should I Apply For Maternity Leave?
Maternity leave is a right of every woman after becoming a biological mother or through adoption or foster care. To apply for maternity leave, just look for any Social Security agency with the proper documentation and inform the employer about the occurrence required by Brazilian law.
When should I apply for maternity leave?
Pregnancy leave can be requested up to five months after the birth of the baby, as long as, of course, it has not been requested beforehand. The ideal moment must be thought of by each woman. It is important that you have the support of your family and work environment.
Most women who are biological mothers choose to take maternity leave after giving birth. During this period, they can rest, recover and stay with their child to provide them with food and care.
Women who decide to adopt usually make this period more flexible to reconcile their professional life with the process of adopting and adapting the child to the new home. In this sense, planning with the spouse is essential so that it is possible to divide the tasks.
How to apply for maternity leave?
At the time of application, you will need to present a medical certificate or the baby’s birth certificate. Such benefit can be claimed from 28 days before delivery or up to 92 days after the birth of the baby.
To issue it, just consult the doctor and take the birth certificate delivered by the hospital or maternity hospital where the birth took place. When the woman is already on maternity leave before giving birth, the doctor will also prepare a medical report attesting to the beginning of motherhood.
If the mother is self-employed, it will be necessary to apply for the benefit to Social Security. In this case, women are exempt from the grace period for a minimum period of 10 months before giving birth, or from adopting children under 12 years of age.
The start date of the license must be informed and proven to the company by means of a medical certificate or with the presentation of the baby’s birth certificate.
Documentation to apply for maternity pay
Once the previous steps have been completed, it is time to request the maternity allowance from Social Security. The insured woman can apply for a maternity allowance through the Social Security website or by calling 135 (operating hours are from 7:00 am to 10:00 pm, Monday to Saturday; the call is free if made by telephone landline, throughout the national territory; if it is made from a cell phone, the price is the same as a local call to a landline).
The woman must fill out a form, which can be found on the Social Security website, and choose which INSS agency will send the documents to prove the legitimacy of the application for this benefit. This is the documentation that must be presented to apply for the maternity allowance:
- The number of the PIS (Social Integration Program) or PASEP (Program for the Formation of Public Servant Heritage).
- pregnant woman’s full name
- Pregnant woman’s date of birth
- Full name of the mother of the pregnant woman.
From the employer, it will be required:
- The number of the CNPJ (National Register of Legal Entities) or the CPF (Register of Individuals), in the case of domestic workers.
- The date of removal of the pregnant employee from her role at work, whether due to adoption, childbirth or judicial custody.
Exceptions to the maternity leave rule
On September 9, 2008, Law 11.77o was published, which established the Citizen Company Program, which could extend the leave from 120 to 180 days, according to the guidance of the WHO (World Health Organization), which recommends breastfeeding during the first six months of a child’s life.
However, this right is restricted to employed insurance companies, that is, those who have a formal contract. It is important to remember that no company is required to join this program with a tax incentive. It will not be the INSS that will grant or pay for the 60-day extension, but the company that will be able to deduct the contribution on income tax.
Finally, in cases of extension of the benefit, such as a low birth weight or sick baby, the license may be extended through a court decision until there is legal approval in the National Congress.
