As of July 2025, new rules will come into force for the maternity pay. The STF declared unconstitutional the requirement of 10 monthly contributions for self-employed pregnant women, and only an INSS contribution. In other words, it is enough to pay one month's contribution for self-employed women (including MEI) to be entitled to the benefit.
The INSS will publish instructions in July to deal with these requests with a single contribution. For employees with a formal contract, there was already a right guaranteed by law to 120 days paid maternity leave, paid initially by the company (and then reimbursed by the INSS).
In this article you will understand the basics of maternity pay - from its history and the rights acquired by women workers, to the changes announced by the STF by July 2025, through to the company's legal obligations, possible penalties and practical examples. Everything to ensure that your business complies with the law, avoids risks and offers support to your employees.
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Who is entitled and how long the benefit lasts
All INSS insured women who meet the requirements can receive maternity pay: this includes CLT employees (with a formal contract), domestic workers, micro-entrepreneurs (MEI), individual contributors (self-employed), self-employed and voluntary workers. Below we summarize the duration of the benefit according to the situation:
| Situation | Duration of the benefit |
|---|---|
| Birth of a child | 120 days |
| Adoption or guardianship (children up to 12 years old) | 120 days |
| Stillbirth (child born without life) | 120 days |
| Spontaneous or legal abortion (rape, etc.) | 14 days |
These periods also apply to adoptive mothers and stillbirths. (In some cases of adoption of older children, the leave may be shorter, depending on the law in force). In addition, companies in the Citizen Company Program can extend the leave by 60 days (total of 180 days)
In addition to the leave period, the beneficiaries keep their normal length of service for vacations, FGTS and 13th salary during the leave.
Employer's duties
Upon learning of the pregnancy, the employer must organize the leave and respect all the rights of the pregnant woman. In short, the company must:
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Payment of maternity pay: for CLT employees, the company continues to pay the salary as normal during the 120 days (except if the employee is a domestic worker or MEI, in which case the INSS pays directly). The amount of the benefit is equal to the employee's monthly salary. For example, the employer advances the wages and then requests reimbursement from the INSS via eSocial.
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Prior notice: the worker must present a medical certificate stating the probable date of childbirth up to 28 days in advance. This period allows the start of the leave to be arranged.
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Provisional stability: the employee is prohibited from being dismissed without just cause from the beginning of her pregnancy until 5 months after giving birth. In other words, the company must maintain the employment relationship - otherwise it will be obliged to reinstate or compensate the pregnant woman (paying wages and benefits for the period of stability).
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Medical consultations: pregnant women can be absent up to 6 times for prenatal appointments and examinations, with a doctor's certificate. These absences may not be deducted from pay.
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Safe working environment: if the pregnant woman is working in an activity that poses a risk to her or her baby's health, she has the right to be transferred to another safe position without a reduction in salary After giving birth, when she returns to work, she must be given two 30-minute breaks a day to breastfeed for the first 6 months of the baby's life. (Companies with 30+ employees must provide a suitable place for breastfeeding.)
In addition, the employer must continue to pay all labor charges (FGTS, INSS) normally during the license and ensure that the contract is not jeopardized. Complying with these obligations avoids delays or penalties. If the company wants to make working hours more flexible (home office, for example) or make working hours agreements, it must formalize this with the employee to ensure clarity and a good working environment.
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Employee in the Company
Stability and penalties for non-compliance
Brazilian legislation guarantees strong stability for pregnant women. Article 10 of the ADCT, no pregnant woman can be dismissed without just cause from the moment her pregnancy is confirmed until 5 months after giving birth. If this happens, the company will be subject to compensation. In practice, it is up to the dismissed employee to request reinstatement or payment of wages for the period of stability that has not been fulfilled.
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Substitute compensation: the amount due is the full salary multiplied by the remaining months of stability. All other labor rights are applied to this amount: proportional 13th salary, vacation + 1/3, FGTS with 40% fine, prior notice, etc. For example, if there are 5 months of stability left, the employee will receive 5 full salaries as severance pay.
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Moral damages and lawsuits: dismissing a pregnant woman without cause can be considered a discriminatory act. In addition to the compensation mentioned above, the company may be ordered to pay moral damages. Lawyers warn that the company needs to be very careful when dismissing during this period, as mistakes can lead to lawsuits in the Labor Court.
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Other infractions: denying the right to leave (for example, pressuring an employee to work while pregnant) or preventing medical care also leads to administrative fines and legal action. In short, failure to comply with labor rules on pregnant women exposes the company to high financial and legal risks.
Read also: All about INSS for entrepreneurs
Practical example
For example, imagine Maria, a CLT employee who earns R$ 3,000.00 per month. When she becomes pregnant, she will take 120 days of maternity leave, receiving her salary as normal. The company pays for these months and then receives reimbursement from the INSS. During her leave, Maria's contract remains active - when she returns, she will still have 5 months' stability (i.e. she can't be dismissed without cause during this period).
Now AnaAs a self-employed individual taxpayer, she had previously paid few contributions to the INSS. With the new STF rule, it will be enough to have made 1 contribution to obtain the benefit. Assuming that Ana only contributed for one month last year, her maternity pay will be calculated as the average of these contributions (1/12 of the sum of the last 12 contribution salaries) and paid directly by the INSS. Before the change, she would have needed 10 paid months to qualify; now, by having at least one recent contribution, she can receive the benefit.
In both cases (CLT or self-employed), you must present a medical certificate and follow the legal procedures - and the employer, in the case of CLT, must make the appropriate registration in the INSS system. Thus, each scenario (formal employee or service provider) has different calculation rules, but the principle is: comply with the law to avoid losses.
Frequently Asked Questions
1. When does maternity leave start and end?
CLT employees are entitled to 120 days of maternity leave, starting from 28 days before the birth until the date of the birth. In cases of miscarriage or miscarriage provided for by law, the leave is 14 days. Women in the Citizen Company Program can extend their leave to 180 days.
2. What is the period of stability for pregnant women?
Job stability lasts from confirmation of pregnancy until 5 months after giving birth. This applies even if the employer only discovers the pregnancy after dismissal - the employee can ask for reinstatement or compensation.
3. How many contributions does a self-employed pregnant woman need to be entitled to?
Until June 2025, self-employed people had to make at least 10 contributions. As of July, the STF declared this requirement unconstitutional for individual taxpayers (including MEI): only 1 valid contribution will be required to qualify for the benefit.
4. What are the company's responsibilities during the leave?
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Pay the salary as normal for the 120 days (or more, if Empresa Cidadã).
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Pay INSS and FGTS as usual.
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Register the leave in eSocial to request reimbursement from the INSS.
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Guarantee stability and no unfair dismissal.
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Allow up to 6 medical appointments and offer an adapted function in case of risk.
5. What penalties does the company face if it fails to comply with the rules?
If the company dismisses the employee without just cause during the stability period, it must reinstate her or compensate her with wages and benefits until the end of the protection period, in addition to possible moral damages. In legal disputes, the understanding tends to favor the employee, even in trial contracts or when the pregnancy was only discovered after dismissal.
Conclusion: take precautions with accounting and labor advice
In order to comply with all these obligations and avoid fines or labor liabilities, it is essential to stay informed and organized. Accounting firms and labor consultants can help with this process. A CLM ControllerCLM, for example, is a high-end accounting firm with over 40 years' experience in the market. CLM offers advisory services accounting, tax, tax and labor law, helping companies of all sizes to keep payroll and benefits (such as maternity pay) always in compliance with current legislation.
In short, respecting the rights of pregnant women and complying with the rules avoids inconvenience and strengthens the company's image. Following labor regulations guarantees a healthy and safe working environment for the pregnant employee and her baby, while at the same time providing legal protection for the employer.
