Mères qui Travaillent - Brazil

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 17.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? Breastfeeding breaks are provided for the first 6 month(s) of life of the child
Does the law require parental leave for parents? No
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? No

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

Female employees are entitled to 120 days (around 17 weeks) of paid maternity leave and extension by a maximum of 4 weeks on medical grounds (two weeks prior and two weeks after birth). .

Through Corporate Citizenship Program (Programa Empresa Cidadã) established under Law 11.770 of 2008, organizations may extend the maternity leave for their workers by an extra 60 days. The total cost of this 60-day leave is borne by the employer however this amount can be deducted from the organization's corporate income taxes.

Women workers who adopt or obtain legal custody of a child are granted maternity leave in accordance with the Consolidated Labour Laws, i.e., 120 days.

Source: §7(XVIII) of the Constitution of Brazil, last amended in 2014; §392 of the Consolidated Labour Laws (Law No. 5.452 of 1943); Law No. 11.770 of 2008

Maternity leave of 120 days (around 17 weeks) is a fully paid leave. It is paid by the Social Security Institute. Maternity Benefit is paid for a period of 120 days, from 28 days before and 91 days after the expected date of childbirth. The next 60 days, if allowed by the organization, are paid by the employer which can later be deducted from employer's corporate income taxes.

 

Source: §393 of the Consolidated Labour Laws (Law No. 5.452 of 1943); §93(1-5), 100-101 & 195 of the Decree No. 3.048 of 1999

More about parental leave:

Workers are entitled to 120 days of leave and maternity pay, no matter what the age or sex of the adopted child.

 

Source: Law No. 12,873 of October 24, 2013