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Know How The Payment Of Maternity Leave Works, Who Takes On The Installment, How To Calculate The Value And What Are The Deadlines To Request This Right.
In the management of paid leave for maternity, what changes when a woman goes on maternity leave, who makes the payment, how the installment is defined, and why this topic generates doubts are questions answered immediately.
According to the website Meu Tudo, in Brazil, the maternity leave benefit can be paid by the company or the National Institute of Social Security (INSS), depending on the insured person’s employment link.
Additionally, the calculation of the installment varies according to the nature of the work, while the request deadlines depend on the type of insured person.
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This combination of factors explains why so many people seek guidance on payment, installment, and maternity leave criteria.
Who Pays The Maternity Leave Benefit?
The responsibility for paying maternity leave changes according to the employment link of the pregnant woman. Employees with a formal contract have the amount paid by the company, which then compensates the amount with INSS.
For self-employed individuals, MEI (Individual Microentrepreneur) or unemployed persons, INSS assumes the payment directly.
This distinction is relevant because it impacts the application process and how the maternity leave installment is calculated.
How The Maternity Leave Installment Is Calculated
For employees with formal ties (CLT), the maternity leave installment usually corresponds to the employee’s full salary.
When remuneration includes commissions or variable pay, the calculation base will be the average of the last six months.
In the case of insured individuals who contribute as self-employed, MEI, or optional contributors, the calculation is based on the average of the last 12 contribution salaries, over a maximum period of 15 months.
These criteria ensure that the installment is proportional to the history of contribution and payment.
When The Maternity Leave Installment Begins To Be Paid And What Is The Request Deadline
The start of the installment payment and the deadline to make the request depend on the situation of the insured person.
In the case of childbirth, maternity leave usually starts with the leave from work, which can occur up to 28 days before the delivery.
In the case of adoption or judicial custody for the purpose of adoption, the right begins from the date of the adoption or custody.
Furthermore, payment can occur in a lump sum or monthly, depending on the approval and processing at INSS.
Differences Between Payment By The Company Or By The INSS In Practice
When the maternity leave installment is paid by the company, the employee normally receives her full salary, and the company recovers the amount from INSS through social security contribution deductions.
When the payment is the responsibility of INSS, the institution calculates the installment according to specific criteria and makes the payment directly to the insured person.
This distinction also affects the application process, as CLT employees usually submit the request through the HR department, while MEIs and self-employed persons deal directly with INSS.
What Situations Generate Variations In The Installment Value Or The Duration Of Maternity Leave
Some special circumstances cause changes both in the installment value and in the duration of maternity leave.
For example, in the case of spontaneous or legal abortion, the duration of the leave is reduced to 14 days, with proportional calculation of the installment.
In another example, the Citizen Company Program, which allows for the extension of the leave to up to 180 days, benefits both duration and the right to the full installment.
These situations highlight the need to pay attention to the particularities of each case.
What To Do To Ensure The Correct Payment Of The Maternity Leave Installment
To ensure that the payment of the maternity leave installment occurs correctly, it is important to take some actions:
- Check if the employment or contribution link is regularized and if contributions have been made.
- Formally request the benefit from the company or INSS within the appropriate timeframe, presenting complete documentation (ID, CPF, medical certificate, birth or adoption certificate, as applicable).
- Check if the calculation of the installment corresponds to your salary or the average calculated according to labor or social security criteria.
- Monitor the payment to ensure that the maternity leave installment is deposited or made available as expected.
Thus, the payment of maternity leave, the definition of its installment, and the deadlines for requesting it vary according to the employment link, social security contribution, and type of leave (birth, adoption, abortion, etc.).
Understanding who pays, how to calculate, and when to request it is essential to ensure this right fully.
Therefore, by meeting the criteria, the insured individual ensures the receipt of the corresponding installment and enjoys maternity leave with the necessary peace of mind for this important moment in life.
With information from the website Meu Tudo.
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