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Few People Know That Pregnant Women Can Receive Maternity Pay Even Without a Work Permit After Changes in INSS Rules; Understand When the Grace Period May Not Be Required

Written by Valdemar Medeiros
Published on 02/03/2026 at 22:30
Poucas pessoas sabem que grávidas podem receber salário-maternidade mesmo sem carteira assinada após mudanças nas regras do INSS; entenda quando a carência pode não ser exigida
Poucas pessoas sabem que grávidas podem receber salário-maternidade mesmo sem carteira assinada após mudanças nas regras do INSS; entenda quando a carência pode não ser exigida
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Understand Who Can Receive Maternity Leave Without a Signed Work Card, How the Grace Period Changed After the INSS Instruction in 2025, and How the Amount Is Calculated in 2026.

The idea that maternity leave “only exists for those with a signed work card” is still common, but it does not correspond to how the benefit works. Maternity leave is paid by the INSS to various categories of insured individuals, including individual contributors, voluntary contributors, and MEIs, as long as there is insured status at the time of the event (birth, adoption, guardianship for adoption, or non-criminal abortion, according to the rules of the benefit).

In recent years, this topic has become even more sensitive because many people continued to repeat the old rule of “10 contributions” for self-employed individuals and insured persons who contribute on their own. The decisive point is that the INSS has begun to explicitly communicate that the grace period is waived for all categories, requiring, however, proof of insured status, citing the implementation of ADIs 2.110 and 2.111 from the Supreme Court through Instruction No. 188/2025.

Maternity Leave Without a Signed Work Card: Who Can Receive It from the INSS

Maternity leave is not exclusive to employees under the CLT. The INSS expressly lists categories that can request the benefit, including individual contributors, domestic workers, casual workers, and voluntary insured individuals, among other classifications provided for in the social security system.

The practical difference between “with a work card” and “without a work card” appears in two points: the way the insured proves their link/activity and how the INSS calculates the value of the benefit based on the record of links and remunerations (CNIS) and the applicable legislation.

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What needs to be clear to the reader is that “not having a signed work card” does not mean “not being insured.” Being insured by the INSS can occur through one’s own contributions (self-employed, MEI, voluntary), through a domestic link, through other recognized forms, or even through temporary maintenance of status (grace period, when applicable, according to social security rules).

The INSS has begun to register in its official guide that the grace period is waived for all categories, as long as the insured proves insured status, mentioning that this is due to the compliance with ADIs 2.110 and 2.111 of the Supreme Court through IN No. 188/2025.

One Contribution to the INSS Before Birth: When This Can Work and When It Doesn’t Work

With the grace period waived, the right question stops being “how many contributions” and becomes “is there insured status on the date of birth/adoption?

In many cases, a recent and valid contribution can be the element that “reactivates” the social security link and allows recognition of insured status, especially for those who were outside the system and returned to contribute just before the event.

However, there are situations where a single contribution does not resolve everything, such as cases with data inconsistencies in the CNIS, contributions made under an inappropriate code for the situation, or the need for additional proof of activity/condition (for example, special rural insured, when applicable).

The INSS also gives important operational alerts. For those contributing as individual contributors, for example, the INSS advises that during the receipt of maternity leave, one should not continue to contribute as an individual contributor, as this can be understood as a return to activity and may lead to review, cut, and even demand for reimbursement, depending on the situation.

Value of Maternity Leave in 2026: Why “R$ 6,484” Is Not a General Rule

The claim “maternity leave of R$ 6,484” often circulates as if it were a fixed amount. In practice, there is no single amount: maternity leave is calculated based on the information of links and remunerations registered in the CNIS and follows legal criteria by category.

Moreover, the social security ceiling changes with adjustments. In 2026, the INSS itself announced that the ceiling for benefits was adjusted to R$ 8,475.55, effective from January 1, 2026.

For employees or casual workers, the INSS explains that the law provides for payment equivalent to the full monthly remuneration and that there is a limit according to the applicable ceiling.

Documents and Proof: What the INSS Usually Requires in the Application

The INSS lists documents that can be requested depending on the case, including personal documents, documentation proving social security relationships (employment record book, payment slips, and other records), and the child’s birth certificate when applicable.

Here, the point is simple: the benefit is granted based on what is in the CNIS and what the insured can prove. When there is informality, gaps in contributions, or registration discrepancies, the case may require corrections and additional documentation.

How to Request Maternity Leave on Meu INSS and Why Timing Matters

To request maternity leave through the National Institute of Social Security using the Meu INSS system, the process is entirely digital and can be done through the official website or the app linked to the Gov.br account. The request does not require in-person attendance, except in cases of document pending or specific requirements from the agency.

The first step is to access the portal meu.inss.gov.br or open the “Meu INSS” app on a mobile phone. Login is done with CPF and password from the Gov.br account. If the insured does not have a registration yet, it will be necessary to create the account and validate personal data before starting the request.

After logging into the platform, you need to select the “New Request” option. In the search field, type “maternity leave.” The system will present the available modalities, such as urban maternity leave or rural maternity leave.

The choice depends on the category of the insured. Workers with a signed work card, domestic workers, individual contributors, individual micro-entrepreneurs (MEI), and voluntary insured individuals use the urban modality. Rural workers classified as special insured must select the rural option.

As you proceed, the system will request the updating or confirmation of registration data, such as address, phone number, and email. It is also important to verify banking information, as payment will be made directly to the indicated account.

In the next step, the required documents must be attached. In case of birth, the child’s birth certificate is required. If the request is made before birth, a medical certificate indicating the expected date of delivery or the need for leave may be presented. In cases of adoption or judicial guardianship for adoption purposes, the corresponding court document must be attached. An official document with a photo and CPF is also required.

MEIs

For individual contributors, MEI, or voluntary insured individuals, the system may require proof of contributions. For rural special insured individuals, documentation proving the exercise of rural activity during the period required by law may be requested.

After attaching all documents, the insured should review the information and confirm submission. The system automatically generates a protocol number, which allows tracking the progress of the request in the “Consult Requests” area within Meu INSS.

The average processing time usually varies between 30 and 45 days, which may be longer if the INSS requests additional documents. If there is a requirement, the insured will be notified by the platform and will have a deadline to provide the additional information.

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Valdemar Medeiros

Formado em Jornalismo e Marketing, é autor de mais de 20 mil artigos que já alcançaram milhões de leitores no Brasil e no exterior. Já escreveu para marcas e veículos como 99, Natura, O Boticário, CPG – Click Petróleo e Gás, Agência Raccon e outros. Especialista em Indústria Automotiva, Tecnologia, Carreiras (empregabilidade e cursos), Economia e outros temas. Contato e sugestões de pauta: valdemarmedeiros4@gmail.com. Não aceitamos currículos!

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