Maternity Leave
The Empresa Cidadã program, established by Statute 11,770/2008 (previously 8,212/91), is meant to extend for 60 (sixty) days the duration of maternity leave as determined by item XVlll of the head provision of Article 7 of the Federal Constitution.
For the period of the extension, the employee has the right of the full remuneration, as in the regular maternity salary period.
The periods are as follows:
| • | The first 120 (one hundred and twenty) days are still paid by the National Social Security Institute (INSS); |
| • | The remaining 60 (sixty) days are paid by the employer. |
According to the previous Statute 10,710/2003, companies had to reestablish the payment of maternity support in the payroll, compensating when performing the INSS payment. Adoptive mothers are entitled maternity leave and maternity salary by law, which changes the Article 392 of the CLT (Consolidation of Labor Law) add the Article 392-A to it, as well as the Article 71-A to Statute No. 8,213, from 24.07.91, which governs the Social Security Benefits Plans. |
See Also