Maternity leave for premature children is extended by the STF

the supreme Court Federal (STF) defined, on the last 20th, that the time maternity leave in Brazil must to startlike thiswhat The motherIt isObabyaredismissed of hospital. Wasobereleased separately, the count starts from the day on which what Olastis released. Due to this new rule, mothers of premature babies will have their leave extended if their children need to spend more time under medical care.

The measure was approved by the STF without the voting having ended, as the smallest possible majority had already voted in favor of this new rule. Before the end of voting, 6 of the 11 judges had already voted in favor of this measure. The new rule was created with the purpose of extending the maternity leave of mothers of premature children, because these usually need to stay longer in the hospital, due to greater complications.

Read more: Maternity leave: is there a difference between adoption and pregnancy?

Guarantee of the mother's rights after birth

In the view of jurist Edson Fachin, despite the Consolidation of Labor Laws (CLT) offering the mother an extension of two more weeks for cases who need care, there was still no rule to support these women when the hospitalization time was longer than the habitual.

Fachin was against the argument used by the Attorney General's Office for not granting the right to women. According to the PGR, it would first be necessary to define where the money would come from to finance this extension, as this is only possible through the complementary laws of the Constitution.

In his justification, Edson Fachin states:

“There is a unit to be protected: mother and child. It is not just the right of the parent to leave, but the right of the newborn, in fulfillment of the duty of the family and the State to have ensured with 'absolute priority' their 'right to life, health, food', 'dignity, respect, freedom and family life', in addition to placing them 'safe from all forms of negligence.' (art. 227). This right, in this case, gives her, in this sensitive period of uninterrupted care (qualified by prematurity), the right to maternal coexistence. Thus, from art. 6 and of art. 227 of the CF, it can be seen that there is indeed a relative unconstitutional omission in the contested devices, since the children or their mothers who are hospitalized after childbirth are unequally deprived of the period destined for their coexistence initial. And one cannot invoke the obstacle of art. 195, § 5: 'No social security benefit or service may be created, increased or extended without the corresponding source of total funding.' The benefit and its funding source already exist. Social Security must be fully understood as a social protection system that “comprises an integrated set of actions of initiative of public authorities and society, aimed at ensuring rights related to health, social security and social assistance.”

New period of maternity leave

With the inclusion of Law 11,770 of 2008, companies that adopt the license extension, from 120 to 180 days, will receive tax incentives. However, for the CLT, the leave period remains 120 days, starting from the first day of removal of the woman from the work environment.

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