STF decides that pregnant civil servants with a temporary contract are entitled to maternity leave

The Federal Supreme Court (STF) decided, unanimously, this Thursday (5) that pregnant women hired by the public administration for a fixed term or in a commission position have the right to maternity leave and provisional stability from the confirmation of pregnancy until five months after giving birth.

The decision has general repercussions, that is, it must be applied to all similar processes in lower courts. The ministers analyzed a lawsuit filed by the state of Santa Catarina that questioned the decision of the Court of Justice (TJ-SC) that had guaranteed these rights to a teacher hired for a period determined by the state.

The rapporteur of the case, Minister Luiz Fux, said in his vote that the constitutional guarantees of protection for pregnant women and children must prevail regardless of the nature of the employment relationship, the term of the employment contract or the form of provision, the Court informed. All ministers followed the rapporteur’s understanding. The dean, minister Gilmar Mendes, did not participate in the session.

The thesis of general repercussion established provides that “pregnant workers have the right to take maternity leave and provisional stability, regardless of the legal regime applied, whether contractual or administrative, even if they hold a position on a commission or are hired for a fixed period”.