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That Maternity leave It is a benefit provided by the National Institute of Social Security (INSS) to taxpayers.

In this case, about the birth of a child, adoption or non-criminal abortion.

Appearing in Brazil in 1943 with the CLTD, at first it was paid by the employer and ensured absence from work for the birth of a child for 84 days after childbirth.

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Thereafter, the International Labor Organization (ILO) determined that such payment under the Maternity leave was paid directly by the social security systems.

Therefore, nowadays, the employee can present her medical certificate leaving 28 days before the delivery and up to 92 days after the birth of the baby.

This is a right that the pregnant woman has to leave her job without any kind of loss of salary, having all the stability of her employment contract during this period.

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There are three specific reasons that give you the possibility of an insured person to obtain the maternity leave.

Birth of a child, Judicial custody for adoption purposes, or Non-criminal abortion.

This benefit aims to provide greater assurance that mothers and fathers can accompany their child's first months of life.

However, without losing your work contract, your salary or remuneration.

However, for the employee to obtain this right to leave, she must meet certain criteria provided by law for granting the benefit.

A constant doubt among the population is: do men also have this right to maternity leave?

Yes, from the day of birth of the child, the man is entitled to 5 days of leave, but this period can be extended by up to 20 days if the company is registered in the Citizen Company program.


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In addition, Brazilian legislation provides that in cases where the mother dies during childbirth or during maternity leave, the father may claim compliance with this period, in accordance with articles 71-A and 71-B of the CLT, with this, this leave can also be a right of men.