Maternity pay: who is entitled
Who is entitled to maternity pay, whether there is still a qualifying period, whether unemployed women receive it, how long it lasts and how to apply at the INSS in 2026.
Sidnei Pedro Dias
9/27/20264 min read
Maternity pay is the benefit paid by the INSS to the mother (or to whoever adopts) during leave to care for the baby. As a rule, it lasts 120 days and is due to anyone insured by the INSS at the time of birth: employees, domestic workers, MEI, self-employed, voluntary contributors, rural workers and even unemployed women still in the so-called grace period.
Who is entitled
- employees with a formal contract and domestic employees;
- MEI, self-employed and those who contribute as individual taxpayers;
- voluntary contributors, such as homemakers who pay into the INSS;
- rural workers (special insured), who must prove their work in the countryside;
- unemployed women who still keep insured status;
- those who adopt or obtain custody for adoption purposes.
Is there a qualifying period?
Not anymore. The law required 10 contributions before birth for self-employed, MEI and voluntary contributors. In March 2024, the Federal Supreme Court declared that requirement unconstitutional (ADI 2,110 and 2,111), because employees never had to meet it. Today, the key point is being insured by the INSS on the date of birth.
Are unemployed women entitled?
They may be. Those who stop contributing remain protected by the INSS for a while, the grace period, which is generally 12 months and can reach 24 or 36 months in some situations. If the baby is born within that period, maternity pay is paid directly by the INSS. Many mothers lose this right because they don't know it exists.
How long it lasts
It is 120 days, which can begin up to 28 days before birth. Since Law 15.222/2025, when the mother or baby is hospitalized for more than two weeks due to the birth, the benefit is paid during the hospital stay and for another 120 days after discharge, minus any rest already taken before the birth.
What the amount is
For employees, as a rule, it is the full salary, paid by the company. For MEI, self-employed and voluntary contributors, the amount is calculated from the average of contributions and is never less than one minimum wage. Rural workers receive one minimum wage.
How to apply
Employees receive it through their own company. Others apply through the Meu INSS app or website, or by calling 135, with the baby's birth certificate and personal documents. Rural workers must attach proof of farm activity, such as sales invoices for their produce, a lease contract or a union statement.
Is there a deadline to apply?
Yes. The application can be made up to five years after the birth. Those who had a child in the last five years and never received it may still be entitled to payment.
What if the INSS denies it?
The most common denials are due to loss of insured status, lack of proof of rural activity or employment not showing in the CNIS. In many cases the decision can be reversed with new documents, an appeal within the INSS or a lawsuit. Keep the decision letter and ask a lawyer to review it.
Summary
Had a baby, adopted or are pregnant? Check whether you were insured by the INSS. The 10-month qualifying period no longer exists for self-employed, MEI and voluntary contributors, unemployed women in the grace period are entitled, and you can apply up to five years after the birth.
SPD Advocacia reviews maternity pay claims and denials in Anápolis and throughout Brazil. Reach us on WhatsApp +55 62 98184-3257.
Updated in September 2026. Informational content, in line with OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results.