What is maternity leave (licença-maternidade)?
Maternity leave (licença-maternidade) is the 120-day leave guaranteed by the Constitution to pregnant employees, with no loss of job or pay, counted from the birth or from up to 28 days before it. It also applies to adoption or legal custody for adoption, regardless of the child's age, and is extended to 180 days at companies that join the Empresa Cidadã programme.
During the leave the employee receives maternity pay (salário-maternidade), an INSS benefit. For a registered employee the company pays the amount on the payslip and offsets it in full against the month's social-security contributions; the extra 60 days under Empresa Cidadã are funded by the company and deducted from its corporate income tax. Maternity pay is subject to INSS and IRRF, and FGTS deposits continue.
The pregnant employee has provisional job security from the confirmation of pregnancy until five months after the birth, and dismissal without cause in that window leads to reinstatement or compensation. The father gets 5 days of paternity leave, or 20 under Empresa Cidadã, and the leave period counts as service time for vacation and the 13th salary.
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An analyst earning R$ 4,000.00 starts leave on 10 March. The company keeps posting R$ 4,000.00 on the payslip as maternity pay, withholds INSS and IRRF as usual, deposits FGTS and offsets the R$ 4,000.00 against the month's social-security bill. She returns on 8 July and keeps job security until five months after the birth.
Frequently asked questions
How long is maternity leave in Brazil?
120 days, counted from the birth or from up to 28 days before it. Companies in the Empresa Cidadã programme extend it by another 60 days, for a total of 180.
Who pays the salary during maternity leave?
INSS, through maternity pay. The company advances the amount on the payslip and offsets it against its social-security contributions; the extra 60 days under Empresa Cidadã are paid by the company and deducted from corporate income tax.
How long does the mother's job security last?
From the confirmation of pregnancy until five months after the birth. Dismissal without cause in that period leads to reinstatement or payment of the wages for the protected period.