Maternity leave: self-employed women now benefit from just one contribution to the INSS; understand

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Previously, these policyholders needed to have made at least ten monthly payments. Rules also changed for farmers and women who do not carry out paid work, but contribute to Social Security. Self-employed women and rural producers now have the right to maternity leave with just a contribution to the INSS Luiz Silveira/Agência CNJ A new decision by the Federal Supreme Court (STF) expanded the right to maternity leave for self-employed workers, rural producers and women who do not work paid activity, but they pay INSS. Insured women will no longer need the so-called grace period to obtain the benefit, that is, to have made at least ten monthly social security contributions. Now, all you need to do is have contributed in the last month, in the same way as happens with formal workers and domestic workers, explains lawyer Bianca Carelli, specialist in parental law at the consultancy Filhos no Currículo. “Before, these women had to have ten contributions to receive maternity benefit. So, they needed to plan at least a month before getting pregnant, to start collecting. However, the woman may not know for sure when she will get pregnant, the baby may anticipate it, so the math is not exactly mathematical,” she says. Will it get harder to retire in 2024? Understand the changes in requirements In addition to women who collected INSS in the last month before taking leave, those who are in the so-called “grace period” are entitled to the benefit: when the person, even after a period of time without making payments, still has coverage due to previous contributions or other social security rules, according to the expert. 👩‍🍼 Maternity leave guarantees women a 120-day absence from work, without prejudice to their salary, and can begin from the day of birth or up to 28 days before, according to the Consolidation of Labor Laws (CLT). This salary during the period of leave is paid by the INSS, which takes an average of what the insured person received in the last 12 months to calculate the benefit. What will be the salary in this specific case? In the case of those who contributed only once, the amount paid by INSS is usually the equivalent of the last salary. However, the rules for the new group of women included in the decision are yet to be defined. “It has already been approved by the plenary (of the STF), so it is in force. But, normally, the Union files appeals to clarify some points of the decision that remain unclear, and then it will be published with all the rules”, explains lawyer Silvia Monteiro, partner and specialist in labor law at Urbano Vitalino Advogados. The judgment The STF judged, on March 21, two direct actions of unconstitutionality (ADIs) related to law No. 9,876, of 1999, on social security contributions. It was after analyzing one of these actions that the ministers declared the waiting period requirement to obtain maternity pay, which was previously provided for in law, unconstitutional. In the same judgment, the Supreme Court also defined another rule of this legislation, which, in practice, should end the possibilities for INSS retirees to carry out the so-called “whole life review” (understand more here). The decision on the maternity leave rule was close: six votes to five. And this was because there is a fear of fraud, according to experts interviewed by g1. “For example: a voluntary contributor who has never paid, is a housewife, becomes pregnant and decides to contribute a single month with a high amount to receive maternity pay in that amount”, says lawyer Bianca Carelli. Despite this, for her, “one cannot fail to build rights through the practice of fraud and, yes, think of tools to avoid them”. Understand the whole life review: Whole life review: understand what changed with the STF’s new decision and who will be affected

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