Maternity leave is the right granted to women, lasting from 120 to 180 days, not only when the child is born, but also in cases of adoption, custody and abortion spontaneous. Since we now know that adoptive mothers are also entitled to maternity leave, learn how to proceed to guarantee this benefit.
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This is a benefit granted to women who contribute to the INSS and who are pregnant or have just had their children, or their custody, in case of adoption. This is a benefit provided for in Article 7 of the Federal Constitution, as well as legally provided for by the CLT.
Women workers with a formal contract, individual taxpayers (self-employed), optional or MEIs, unemployed and domestic servants, rural workers, as well as the spouse or partner, in the event of the death of the insured person, are entitled to benefit. Other cases also guarantee maternity leave, such as adoption of a minor and legal custody in case of adoption.
Maternity leave seeks to guarantee the creation of a bond between mother and child, provide more time to adapt to the new routine and guarantee job stability, as this is guaranteed by law.
Even in 2013, the law was enacted that also guarantees paternity leave of 120 days to the man who adopts a child. To apply for the benefit, mothers can apply directly to the INSS, just take the term of custody or the new birth certificate.
The leave days are the same as for a woman who has given birth to a child. They cannot be less, and the same rules apply to any extensions. However, according to the Union Public Servants Law, there is a difference based on the age of the adopted child.
Thus, the following deadlines apply: 90 days, in the case of adoption or legal custody of a child up to 1 year old, and only 30 days for children over 1 year old.
