ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Brazil - Maternity protection - 2011


LAST UPDATE

18 February 2011.
click on this symbol to show or hide remarks

SOURCES


Name of Act

Constitution of the Federative Republic of Brazil,
1988, (Constituição da Republica Federativa do Brasil de 1988), Diário Oficial da União (DOU); as amended up to constitutional amendment No. 55 of 20 September 2007.

Name of Act

Codification of Labour Legislation,
(Consolidação das Leis do Trabalho), Decreto-Lei N° 5452 de 1 de Maio de 1943, Diário Oficial da União, as amended by Act No 11925 of 17 April 2009.

Name of Act

Organic Act No. 8.212 on Social Security,
of 24 July 1991 (Lei Orgânica n. 8.212 da Segurança Social), as amended up to Act n. 11.941, 27 May 2009.

Name of Act

Act No.11.770 on maternity leave,
of 9 September 2008 (Lei n°11.770 Prorroga licença maternidade).

Name of Act

Decree No. 3.048/1999,
of 6 May 1999 (Decreto 3.048/1999 of 6 May 1999 regulamento da previdência social; beneficios; salário-maternidade), as amended up to Decree nº 6.727, 12 January 2009. Updated in October 2010.

Name of Act

Act N. 12.010, 03 August 2009, on Adoption (Dispôe sobre adoção; altera as leis Nºs. 8.069, de 13 de julho de 1990 - Estatuto da Criança e do Adolescente, 8.560, de 29 de Dezembro de 1992; revoga dispositivos da Lei nº 10.406, de 10 de janeiro de 2002 - Código Civil, e da Consolidação das Leis do Trabalho - CLT, aprovada pelo Decreto-Lei nº 5.452, de 1º de maio de 1943; e dá outras providências

MATERNITY LEAVE


Scope

All women.
Constitution of the Federative Republic of Brazil §6, 7 (XVIII)
click on this symbol to show or hide remarks

Duration


General total duration

120 days or 180 days (it is optional for private companies to grant the additional 60 days).
Codification of Labour Legislation §392, 395
Decree No. 3.048/1999 §96
Act No.11.770 on maternity leave §1
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 120 days or 180 days (it is optional for private companies to grant the additional 60 days).
  • 2004: One hundred and twenty days
  • 1998: One hundred and twenty days
  • 1994: One hundred and twenty days

Leave in case of illness or complications

Maternity leave may be extended on medical grounds arising out of pregnancy and confinement by a maximum of 4 weeks (two weeks before and 2 weeks after the birth).
Codification of Labour Legislation §392 (2)

RELATED TYPES OF LEAVE


Paternity leave


Scope

All fathers.
Constitution of the Federative Republic of Brazil §7(XIX), Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Length

5 days
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Adoption leave


Scope

Female adopters.
Codification of Labour Legislation §392A

Length

120 days. Act n. 12.010, art. 8 abrogates §s 1, 2 and 3 of art. 392A, of Codification of Labour Legislation. Therefore, from now on women who adopt or obtain custody of a child in order to adopt will be concedeed the same maternity leave as that stated in art. 392.
Codification of Labour Legislation Art. 392A
Act N. 12.010, 03 August 2009, on Adoption Art. 8

CASH BENEFITS


Maternity leave benefits


Scope

All female workers are entitled to maternity benefits who are employed in the private sector including domestic servants, some categories of casual workers, elected civil servants and the self-employed. Entitled on the basis of voluntary coverage are: students, housewives and other categories.
The public sector and military personnel are covered by specific systems.
Organic Act No. 8.212 on Social Security §4

Qualifying conditions

All insured employed women are entitled to maternity benefit regardless of their social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. If the birth takes place before the expected date, the period of insurable employment requirement, shall be reduced accordingly.
Decree No. 3.048/1999 §29(III), 30(2)

Duration

Maternity benefit is payable for a total of 120 days, from 28 days before until 91 days after the expected date of childbirth. Additionally to the 120 days, 60 days of maternity leave are foreseen since 2008, which are optional for private companies.
Codification of Labour Legislation §393
Decree No. 3.048/1999 §93(1)(3)(4)(5)
Act No.11.770 on maternity leave §1
click on this symbol to show or hide remarks

Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the monthly wage.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10,11
Decree No. 3.048/1999 §195

Act No.11.770 on maternity leave
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute. The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits


Duration

5 days (starting the first working day after childbirth).
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Amount

100 per cent
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]

Financing of benefits

Employer.

Adoption leave benefits


Scope

All insured employed women.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Qualifying conditions

All insured employed women including domestic workers are entitled to adoption benefit regardless of their Social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. In addition, the female employee must provide the Social Security competent body (INSS) with a new birth certificate stating the name of the adoptive parents.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Duration

Same duration as the adoption leave.
In case of multiple adoption the adoption benefit is due only for the youngest child. The adoptive mother is entitled to adopting benefits even if the biological mother benefited maternity leave.
Decree No. 3.048/1999 §93(A,1, 4), 94,100,101
Codification of Labour Legislation §392, 393

Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
click on this symbol to show or hide remarks

Financing of benefits

The allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10, 11
Decree No. 3.048/1999 §195
click on this symbol to show or hide remarks

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Nursing mothers are entitled to breastfeeding breaks, divided into two 30-minutes breaks until the child is 6 months of age or after this age limit if justified on medical grounds.
Codification of Labour Legislation §396

Nursing facilities

Employers employing more than 30 women above the age of 16 years are requested to install a day-nursery with nursing facilities satisfying hygiene and other listed conditions. If there is no day-nursery inside the enterprise, the employer shall reimburse to the nursing employees the expenditure due to day-nursery outside the workplace in accordance with a collective agreement.
Codification of Labour Legislation §389 (1)

HEALTH PROTECTION


Arrangement of working time


Time off for medical examinations

During pregnancy, a woman may be excused from work or may leave her work to take at least 6 medical consultations and all relevant supplementary medical examinations.
Codification of Labour Legislation §392(4, II)

Other work arrangements

The woman has the right to be transferred to another function, when her health conditions demand it, having the right to return to her old function once she begins working again.
Codification of Labour Legislation §392(4)I)

Dangerous or unhealthy work


Risk assessment


» Transfer to another post

If the performing of her job could pose a risk to her health, a pregnant worker shall be transferred to a suitable alternative job and to be reinstated in her regular job as soon as medically practicable.
Codification of Labour Legislation §392(4, I)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Discrimination is prohibited on the basis of pregnancy. This prohibition applies to recruitment, allocation of duties, wage, training, promotion and termination of employment.
Codification of Labour Legislation §373-A

Prohibition of pregnancy testing

A female worker, job applicant or employee, may in no circumstances be required to produce pregnancy tests or examinations.
Codification of Labour Legislation §373-A(IV)

Protection from discriminatory dismissal

Dismissal of female employees is prohibited from the date the pregnancy is confirmed to five months after delivery.
Temporary constitutional provisions Act; § 10 (2-b)
Codification of Labour Legislation §391

Guaranteed right to return to work

The employee has the right to 120 days of maternity leave, being assured the payment of the salary during this period and the right to return to work after it.
Codification of Labour Legislation §392

Results generated on: 25th July 2014 at 15:01:13.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.