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New Law Expands Rights of Mothers Covered by INSS, Guaranteeing Up to 120 Extra Days of Leave and Maternity Pay After Hospital Discharge in Cases of Prolonged Internment Related to Childbirth, Bringing Changes to CLT and Social Security.
The President Luiz Inácio Lula da Silva signed this Monday (29) the law that amends the CLT and the Social Security Benefits Law to extend by up to 120 days the leave and maternity pay after the hospital discharge of the mother and newborn, when there is hospitalization exceeding two weeks related to childbirth.
The change applies to workers with formal employment and those covered by INSS, and deducts from the new period any time already taken before childbirth.
What Changes in Practice
Under the new rule, cases of hospitalization exceeding 14 days and having a connection with childbirth — such as prematurity or complications at birth — will guarantee, in addition to the period of hospitalization, an additional 120 days of leave and benefit after the discharge.
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If the pregnant woman had already started her leave before childbirth, this time will be deducted from the new count.
The process works like this: if the worker started leave two weeks before childbirth and the baby was hospitalized for more than 14 days, she will be entitled to the 120 days after discharge, minus the two weeks already used.
The same rationale applies to the maternity pay paid by INSS.
Who Will Be Entitled to 120 Extra Days
The insured individuals of the General Social Security Regime who can prove hospitalization of the mother and/or newborn for more than 14 days, with a direct relation to childbirth, will benefit from this.
For workers with signed contracts, the leave is linked to the CLT.
For other insured individuals, such as individual contributors, domestic workers, and MEIs, the extension applies to the maternity pay.
There is no provision for extension due to adoption, as the legal provision specifically addresses medical occurrences related to childbirth.
Countdown and Required Documents
The starting point for the 120 extra days is the date of hospital discharge of the mother and the baby, considering the later date.
The hospitalization period continues to be covered by the payment of maternity pay, as per the signed law.
To provide proof, a medical report will be needed to confirm the hospitalization and its link to childbirth.
The company registers the extension of the leave, and INSS pays the benefit to the insured individuals of RGPS, following the usual request rules.
What Was Already Effective by STF Decision
In 2022, the Federal Supreme Court decided that, in cases of hospitalization of the mother and/or newborn for more than two weeks, the counting of leave and maternity pay should occur from the hospital discharge.
The law now incorporates and details this understanding in the CLT and Law 8.213/1991.
The text explicitly states that the benefit payment continues during hospitalization and that there is an addition of up to 120 days after discharge, with compensation for the time already used before childbirth.
When Does It Take Effect
The text approved by Congress in September establishes that the rule comes into effect on the date of publication in the Official Gazette of the Union.
The signing occurred today, during the opening of the 5th National Conference on Policies for Women, in Brasília.
Once published, the rule can be applied to new leaves that meet the criteria.
Signing Occurred During the 5th CNPM
The signing took place at the opening ceremony of the 5th National Conference on Policies for Women (5th CNPM), which gathers around 4,000 participants at the International Convention Center of Brazil.
The event, resumed after the last edition in 2016, aims to approve resolutions to update the National Plan for Policies for Women and guide government actions on gender equality issues.
President Lula, First Lady Janja, government authorities, as well as representatives from women’s movements and social participation councils were present.
Why the Law Was Necessary
Although the STF decision already guaranteed the counting after discharge, the lack of explicit provision in labor and social security legislation created operational gaps and insecurity for companies and insured individuals.
The new law standardizes the procedure, sets the time cutoff of two weeks for hospitalization related to childbirth, and explicitly ensures the payment of the benefit during hospitalization and for an additional 120 days after discharge, with the appropriate deduction of what was used before childbirth.
Impact on Companies and Workers
Employers will now have a clear legal reference for payroll adjustments and leaves in situations of prolonged hospitalization.
For workers, the guarantee of full home coexistence in the post-discharge period, without loss of income, tends to reduce pressure on returning to work and favor the care of babies who have undergone hospitalization.
INSS, in turn, will remain responsible for paying maternity pay to insured individuals of RGPS, respecting the waiting period and requirements outlined in the law.
What to Observe When Requesting the Extension
It is recommended that the insured individual keep records and certificates indicating the duration of hospitalization and the connection with childbirth.
In the case of CLT linkage, the request must be formalized to the employer, who will adjust the leave period.
For other insured individuals, the request for maternity pay and its extension is made through INSS channels.
In all scenarios, the time enjoyed before childbirth will be deducted from the total to be paid after discharge. Finally, the new rule answers the central question of this matter: who will be entitled to the 120 extra days?
Mothers covered who, due to childbirth complications, remain hospitalized — or have their baby hospitalized — for more than two weeks, with medical proof of the connection with childbirth.
Do you have a similar case in your family or at work and have any questions about the practical application of this extension?
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