Maternity Pay: Complete Guide to Guarantee Your Rights and Receive Without Complications

Becoming a mother is one of the most transformative experiences in a woman's life. Amidst the whirlwind of emotions and preparations for the baby's arrival, a practical question becomes essential: how can you ensure financial stability during the period in which you will be dedicated to caring for your child? This is where maternity pay comes in, a fundamental benefit that every working woman needs to know about.

In this article, we will explain everything about maternity pay: who is entitled to it, how to apply, the amounts, deadlines and documents required. We have prepared a complete guide so that you can focus on what really matters – your baby – without financial worries.

What is maternity pay?

Maternity pay is a social security benefit paid by the INSS (National Institute of Social Security) to insured women who are absent from their activities due to the birth of a child, adoption or legal guardianship for adoption purposes. It is a right guaranteed by the Federal Constitution and regulated by social security legislation.

This benefit aims to replace the woman's salary during the period in which she needs to take time off work to care for the newborn or adopted child, thus ensuring her financial security at this very special time.

Who is entitled to maternity pay?

Maternity pay is a right for all Social Security beneficiaries, including:

• Employees with signed employment contracts
• Casual workers
• Domestic workers
• Individual taxpayers (self-employed and businesswomen)
• Special insured persons (rural workers)
• Unemployed (as long as they maintain their insured status)
• MEI (Individual Microentrepreneur)

In addition to biological mothers, women who adopt or obtain legal custody for adoption purposes are also entitled to the benefit, regardless of the child's age. In cases of death of the insured woman who would be entitled to receive maternity pay, the benefit may be paid to the surviving spouse or partner, provided that he or she also has the status of insured person.

What is the qualifying period to be entitled to the benefit?

The qualifying period is the minimum number of monthly contributions required for the insured to be entitled to the benefit. For maternity pay, the qualifying period varies according to the category of the insured:

• Employee, casual worker and domestic worker: there is no waiting period (as long as they are working on the date of absence or birth)
• Individual and optional contributor: 10 months of contribution
• Special insured (rural worker): proof of 10 months of rural activity

It is important to highlight that, in the case of an early birth, the qualifying period will be reduced by a number of contributions equivalent to the number of months by which the birth was brought forward.

How long is maternity pay paid for?

The benefit lasts 120 days, which can start counting from 28 days before delivery until the baby's date of birth. In special cases, this period can be extended:

• For mothers of premature babies: the newborn's hospitalization period (up to a maximum of 60 days) may be added to the regular period of 120 days.
• In cases of spontaneous or legally prescribed abortion (non-criminal): 14 days

It is worth remembering that many companies, through collective agreements or internal policies, extend maternity leave to 180 days, adhering to the Empresa Cidadã Program. In these cases, the additional 60 days are paid by the employer, who receives tax incentives from the government.

How much is maternity pay?

The amount of maternity pay varies according to the category of the insured person:

• Employee with signed employment contract and casual worker: full amount of monthly remuneration
• domestic worker: last contribution salary
• Individual and optional contributor: 1/12 of the sum of the last 12 contribution salaries, respecting the minimum and maximum contribution salary limits
• Special insured (rural worker): a minimum wage
• Unemployed: 1/12 of the sum of the last 12 contribution salaries, calculated in a period not exceeding 15 months

For employees with a formal employment contract, the amount is paid directly by the employer, who is later reimbursed by the INSS. For the other categories, payment is made directly by the INSS.

It is important to highlight that there is a ceiling on the value of maternity pay, which corresponds to the maximum limit of the contribution salary for Social Security (in 2024, R$ 7,786.02).

How to apply for maternity pay?

The application process varies according to the insured's category:

For employees with a signed employment contract:

1. Inform your employer about your pregnancy and the expected start date of maternity leave
2. Present a medical certificate or birth certificate of the baby to the company
3. The employer will pay maternity pay as normal during the months of absence
4. The company will later be reimbursed by the INSS

For other categories (self-employed, domestic, MEI, etc.):

1. Access the “Meu INSS” portal or application
2. Log in with your gov.br account
3. Click on “Apply for Disability Benefits”
4. Select “Maternity Pay”
5. Fill in the requested information
6. Attach the necessary documents
7. Confirm the request and note the protocol number

In some cases, it may be necessary to schedule a medical examination or go to an INSS agency. However, the ideal is to carry out the entire process digitally, through Meu INSS, for greater agility.

What documents are needed to apply for maternity pay?

To apply for the benefit, you will need to present:

Basic documents (for all categories):

• Photo ID (RG or CNH)
• CPF
• PIS/PASEP/NIT number
• Proof of residence

For biological mothers:

• Baby's birth certificate or
• Original medical certificate (to be requested before delivery) containing the expected date of delivery and the doctor's CRM

For adoptive mothers:

• Legal custody term for adoption purposes or
• New birth certificate for the child with the adoptive mother's name

Additional documents according to category:

• Individual and optional contributor: proof of payment of contributions
• Special insured (rural worker): documents proving rural activity
• Unemployed: documents proving insured status

It is always recommended to check the official INSS website or the Meu INSS app for the updated list of necessary documents, as changes may occur.

Important deadlines for applying for maternity pay

Maternity pay must be requested within certain deadlines:

• Insured employees: you can start receiving the benefit from 28 days before giving birth
• Other categories: the benefit must be requested within 5 years after birth or adoption

The sooner the request is made, the sooner the benefit will begin to be paid. Therefore, it is best to start the process in advance, especially for categories that receive benefits directly from the INSS.

Frequently asked questions about maternity pay

Is maternity pay taxable?

Yes, maternity pay is considered taxable income and is subject to income tax, according to the current tax brackets. However, there is no social security contribution on the benefit.

Are people who have a miscarriage entitled to maternity pay?

Yes, in the event of a miscarriage or abortion provided for by law (not criminal), the insured person is entitled to maternity pay for a period of 14 days. It is necessary to present a medical certificate with a legible CRM.

Are mothers of stillbirths entitled to maternity pay?

Yes, in the case of a stillbirth (a baby born dead after the 20th week of pregnancy), the mother is entitled to full maternity pay for 120 days.

Are unemployed women entitled to maternity pay?

Yes, as long as they maintain their insured status. Insured status is maintained for a period ranging from 12 to 36 months after the last contribution, depending on the previous contribution period and whether the person is receiving unemployment insurance.

Can the father receive maternity pay?

As a rule, maternity pay is a benefit intended for the mother. However, in specific cases, such as the death of the mother during childbirth or shortly after, the father or legal guardian may request the remaining benefit, provided that he or she is insured by Social Security.

Tips to make it easier to apply for maternity pay

1. Keep your contributions up to date: If you are self-employed, MEI or an optional contributor, be sure to pay your monthly contributions to the INSS, especially if you are planning a pregnancy.
2. Organize your documents in advance: Gather all required documents before starting the application process.
3. Use digital channels: Use the Meu INSS app or website to request the benefit, as the process tends to be faster.
4. Follow the progress: After making the request, regularly monitor the status of your request through Meu INSS.
5. Save the protocols: Write down and save all protocol numbers generated during the process.
6. Know your rights: Find out about all your rights related to maternity, including job security and the possibility of extended leave.

What to do if your benefit is denied

If your request for maternity pay is denied by the INSS, you can:

1. File an administrative appeal: You have up to 30 days to file an appeal with the INSS Appeals Boards.
2. Seek legal advice: Consult a lawyer specializing in social security law or contact the Public Defender's Office.
3. Check the documentation: Make sure all necessary documentation has been submitted correctly.
4. Consult the INSS: Contact Central 135 for more information about the reason for the denial.

Conclusion

Maternity pay is a fundamental right for every working woman. It guarantees the financial security necessary for you to dedicate yourself fully to caring for your baby during the first months of life, a crucial period for the development of the mother-child bond.

Knowing your rights and understanding how the benefit application process works is essential to avoid setbacks and ensure that you receive what you are owed at the right time. With planning and organization, it is possible to get through this period with financial peace of mind, focusing on what really matters: your baby's well-being and building your first family bonds.

Remember that maternity pay is the result of a historic struggle by women for recognition in the job market and for the appreciation of motherhood as a social function. Using it is not only an individual right, but also a way of reaffirming the importance of this collective achievement.

Now that you know everything about maternity pay, start planning and ensure your rights with peace of mind. After all, the arrival of a baby brings enough challenges – financial security shouldn't be one of them.