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The judge in the case validated the woman’s benefit after a thorough assessment. Find out more.
In São Bernardo do Campo, SP, a woman obtained maternity pay. Her child was born 24 months after her last job.
Bruno Takahashi, the region’s Federal Judge, made the decision. He instructed the INSS to proceed with the payment to the mother. She made her last contribution two years before her child’s birth.
Maternity Benefit
This benefit supports those who are absent from work due to the birth of a child, non-criminal abortion, or adoption/custody.
The pregnant insured woman receives payment from the INSS during her leave. It begins 28 days before and ends 91 days after childbirth. Male parents are also eligible if they adopt or obtain custody for adoption.
Court Decision
The INSS argued that the claim was unfounded. The woman was not enrolled in the Social Security System at the time of childbirth. She contributed from November 2015 to September 2018.
Although the birth took place only in October 2020, the author contributed as a voluntary insured person three months earlier. Bruno Takahashi confirmed that she met the requirements for maternity pay, both as an employee and as a voluntary insured person.
The ruling also mentioned the grace period, which extends to 24 months for those who made more than 120 contributions. The INSS must make the payment.
The judge stated that this period was confirmed by receipt of unemployment insurance. If we consider the woman an employee, her insured status is maintained.
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