Maternity benefit is the most important benefit for financial protection of women. Request your benefit!
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Becoming a mother is a remarkable and also challenging experience. This transformative moment brings emotional and family changes, and the arrival of a child also involves relevant legal and financial aspects. In this context, maternity benefit plays a fundamental role in ensuring a dignified source of income during the period when the woman needs to take time away from her work and professional activities in the first months after birth, adoption, or specific situations provided by law. In 2025 the benefit went through a series of changes that will remain in effect in 2026, come check out everything you need to know about the benefit so you can secure it to help your income and cover your expenses!
✅ What is maternity benefit?
The creation of maternity benefit arose from the need to protect the health of the mother and newborn, in addition to ensuring financial security during the period immediately after childbirth. Historically, many women needed to continue working even after giving birth, which increased the risks to the mother's physical recovery and essential baby care. It was conceived to allow a period of paid leave from work, enabling the woman to dedicate herself to recovery, emotional bonding with the child, and breastfeeding in the first months of life. Maternity benefit, also known as maternity salary, is a social security benefit paid by Social Security to insured persons who need to take time away from work due to:
- birth of a child (including cases of stillbirth);
- adoption or judicial guardianship for adoption purposes;
- spontaneous abortion or abortion permitted by law (such as in cases of rape or risk to the pregnant woman's life).
- The objective of the benefit is to ensure financial stability during this delicate period, promoting social protection, health, and dignity for the mother and her family.
✅ Who can receive maternity benefit in 2026?
Anyone who contributes to INSS can be eligible for the benefit, regardless of having a formal employment relationship, as long as they meet the established criteria.
1. Employees with a signed employment contract (CLT)
- Are entitled to the benefit with no minimum contribution history requirement;
- Payment is made by the employer, who later receives reimbursement from INSS.
2. Rural workers (special beneficiaries)
- Must prove engagement in rural activity in the 12 months prior to childbirth or adoption;
- Do not need to pay individual contribution, but must demonstrate that they were engaged in rural activity.
3. Individual contributors, optional contributors and MEIs
- Until 2024, it was mandatory to have at least 10 monthly contributions.
- Starting in 2025, according to the new INSS standard (IN 188/25), just one valid contribution before the triggering event (delivery, adoption or miscarriage) is enough to guarantee the right to the benefit.
✅ What is the value of the maternity benefit?
The maternity benefit value will be a minimum of 1,621 reais per month, totaling at least 6,484 over 4 months! The value will depend on the category of the insured person. Employees with a signed work card can receive the same value as their monthly salary during the leave period if they meet all requirements, generally for 120 days. Payment will be made directly by the company if the employee has a signed work card. If the salary is higher than the minimum wage, she may receive up to the ceiling of R$ 8,475.55 per month, according to the mother's salary during leave.
Amount for self-employed, freelancer, or individual contributor
The calculation corresponds to 1/12 of the sum of the last 12 contribution salaries prior to the event. If the contribution was made with a fixed amount, this will be used as the basis for the calculation.
How much does the special insured person (rural worker) receive?
The amount paid corresponds to one minimum wage in effect on the date of benefit approval, unless the beneficiary's salary is higher than one minimum wage, in which case she is entitled to a higher benefit as long as it does not exceed the ceiling.
✅ What is the duration of the benefit?
In cases of childbirth or adoption it will be 120 consecutive days (four months); but can reach 180 days if you manage to extend the period, in cases of companies that participate in the Corporate Citizen Program. In companies that have the Corporate Citizen Program, it will be possible to obtain the benefit for up to 6 months.
Here are the situations in which the extension can occur:
1. Membership in the Corporate Citizen Program (Law 11.770/2008)
This is the most common way. Companies that join the program can extend the leave for an additional 60 days, totaling 180 days.
Request: The employee needs to request the extension by the end of her first month after childbirth.
✅ What changed in 2025 and 2026?
The main change came with INSS Normative Instruction 188/25, published following the STF decision in ADIs 2,110 and 2,111. It brought the end of the requirement for 10 contributions. Previously, self-employed workers, freelancers, and optional contributors needed to have 10 months of contributions to access the benefit. With the new rule, a single valid contribution before the event already guarantees the right, significantly expanding access for women in situations of informality or vulnerability.
✅ Possibility of benefit review
Women who had their benefit denied due to lack of eligibility period between April 2024 and July 2025 can still request administrative or judicial review based on the new rule.
Frequently asked questions
What to do if the request is denied?
You can file an administrative appeal within 30 days; or seek legal advice to file a lawsuit for benefit approval or review.
Do I need to take time off work to receive it?
Yes. The benefit requires you to stop your professional activities, including for self-employed workers.
Can I work and continue receiving?
No. If you're proven to be engaged in paid work during the benefit period, the benefit may be canceled and the amounts can be charged back to you.