STF: The length of stay of the mother or child must be added to the maternity leave; comprehend

The Court already has a majority of votes to keep the precautionary decision in force from March 2021, for the benefit, for example, of cases of premature birth.

or Federal Court of Justice (STF) is expected to conclude this Friday, 21st, the vote on a direct action of unconstitutionality (ADI) proposed by the Solidarity party that changes the understanding of maternity leave in case of hospitalization of the mother or child for periods longer than two weeks after the birth. On Thursday the court had already formed a majority to approve the provision, with votes the rapporteur Edson Fachin and the ministers Cármen Lúcia, Alexandre de Moraes, Ricardo Lewandowski, Roberto Barroso and Dias Toffoli.

The change benefits, for example, cases of premature births. “Many premature babies end up staying long months in the hospital, and that’s where all the maternity leave is spent,” explains lawyer Michele Espellet, of the Espellet Rocha Advocacia office.

Maternity leave is a benefit provided for in Article 7 of the Federal Constitution of 1988 and aims to ensure that pregnant women are entitled to a period of 120 days of absence from work, without failing to receive the salary and without affecting the post vacant. this period begins to be counted between the 28th day before delivery and the day of the baby’s birth and the benefit is granted for all births, even when the child does not survive.

Since March last year, a precautionary decision (provisional decision that takes effect before the final sentence of the case) of the STF has established that, in cases where the mother or the child requires hospitalization periods of more than two weeks, the maternity salary must be paid for the entire period of hospitalization beyond 120 days of allowance.

What changes

In practice, the approved action maintains the provisions of the precautionary decision and guarantees that pregnant women can enjoy the 120-day period of stay with their children regardless of the time spent in hospital. “This rule applies to the situations of employees linked to INSS. In their pension schemes there are cases in which maternity leave lasts 6 months and there is no such provision that is in the opinion of the STF ”, underlines Michele.

In his vote this week, rapporteur Edson Fachin argued that starting to count the benefit before childbirth or from it harms the emotional bond and coexistence between mother and child, at the same time that “addresses the material isonomy between mothers with premature and full-term children (at the end of pregnancy) “.

According to Alessandra Ambrogi, member of the Labor Law Commission of the Brazilian Sectional Lawyers of Sao Paulo (OAB SP), the judgment of the action as founded aims to guarantee the best interests of newborns and to implement the protection of the health of the family, childhood, motherhood and the child.

“It must be taken into account that maternity leave is intended to provide a minimum period of cohabitation between mother and child, which is necessary for the full development of family ties and for the health and well-being of the child,” he assesses.

In order for the benefit to be granted, the request must be submitted through the INSS 135 control panel or through the agency’s portal. It is necessary to present the birth certificate, the medical report and the admission document.

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Source: Terra

Benjamin

Benjamin Smith is a fashion journalist and author at Gossipify, known for his coverage of the latest fashion trends and industry insights. He writes about clothing, shoes, accessories, and runway shows, providing in-depth analysis and unique perspectives. He’s respected for his ability to spot emerging designers and trends, and for providing practical fashion advice to readers.