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GUIASBy Bruno Campos de Oliveira

Maternity pay (salário-maternidade) in Brazil: who receives it, amount, unemployed mothers, MEIs and how to apply to the INSS

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Maternity pay lasts 120 days for employees, domestic workers, MEIs, self-employed and rural insured women, and even unemployed women still in the grace period. The amount, the qualifying period struck down by the STF, adoption and how to apply.

Maternity pay (salário-maternidade) in Brazil: who receives it, amount, unemployed mothers, MEIs and how to apply to the INSS — Human Case Labor Guide
Maternity pay lasts 120 days for employees, domestic workers, MEIs, self-employed and rural insured women, and even unemployed women still in the grace period. The amount, the qualifying period struck down by the STF, adoption and how to apply.

*Maternity pay (salário-maternidade) is the benefit paid during maternity leave, generally for 120 days, to anyone insured by the INSS (social security) — including unemployed women still in the grace period. In 2024, the Federal Supreme Court (STF) struck down the requirement of 10 contributions for individual contributors, voluntary contributors and rural special insured women. Adoptive parents and, in some situations, widowed fathers are also entitled.*

Quick summary

  • Length: 120 days (up to 180 at Empresa Cidadã companies, for employees).
  • CLT employee: receives full pay, paid by the employer and offset against INSS contributions.
  • Domestic workers, MEIs, self-employed, voluntary contributors: paid directly by the INSS.
  • Unemployed: entitled if still in the INSS grace period.
  • Qualifying period: the STF struck down the 10-month requirement for individual contributors, voluntary contributors and special insured women (ADIs 2110 and 2111).
  • Adoption and court-ordered custody for adoption: the same right.

How to apply

  1. Employee: inform the employer with a medical certificate or birth certificate; the employer pays.
  2. Other insured women: apply through Meu INSS ("Salário-maternidade") or by phone at 135.
  3. Upload the birth certificate or custody/adoption document and personal documents.
  4. Follow up in the app.

The application can be made from 28 days before the birth, with a medical certificate.

Amount by type of insured person

  • Employee — Amount: full pay
  • Domestic worker — Amount: last contribution salary
  • MEI, individual and voluntary contributor — Amount: average of the last contribution salaries, under the law
  • Special insured (rural) — Amount: one minimum wage
  • Unemployed in the grace period — Amount: calculated according to the last contribution category

The amount is never less than the minimum wage — R$ 1,621.00 in 2026.

Frequently asked questions

I was dismissed while pregnant and the baby was born later. Do I receive it?

Yes, if still in the grace period; and if the dismissal occurred during job security, there is also a right to compensation or reinstatement — see Pregnant workers.

Can a father receive maternity pay?

Yes, in the case of adoption or the death of the insured mother, under the law.

Read more in this series

Official sources consulted

  1. Law 8,213/1991 — arts. 71 to 73
  2. COAD — STF rules on maternity pay (ADIs 2110 and 2111)
  3. INSS — Meu INSS

Informational content, updated in October 2026. This does not replace an individual analysis of your case.

Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.

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