Maternity benefits are the most important financial protection for women. Claim your benefit!

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Becoming a mother is a remarkable and challenging experience. This transformative moment is accompanied by emotional and family changes, and the arrival of a child also involves significant legal and financial aspects. In this context, maternity benefits play a fundamental role in guaranteeing a dignified source of income during the period when a woman needs to take time off from her work and professional activities in the first months after childbirth, adoption, or specific situations provided for by law. In 2025, the benefit underwent a series of changes that will remain in effect in 2026. Come and find out everything you need to know about the benefit so you can secure it to supplement your income and cover your expenses!

✅ What is Maternity Assistance?

The creation of maternity benefits arose from the need to protect the health of the mother and newborn, as well as to guarantee financial security during the period immediately following childbirth. Historically, many women needed to continue working even after giving birth, which increased the risks to the mother's physical recovery and essential care for the baby. It was conceived to allow a period of paid leave from work, enabling the woman to dedicate herself to recovery, bonding with the child, and breastfeeding in the first months of life. Maternity benefits, also known as maternity pay, are a social security benefit paid by Social Security to insured individuals who need to take time off work for the following reasons:

• The birth of a child (including in cases of stillbirth);
• adoption or legal guardianship for the purpose of adoption;
• Miscarriage or abortion permitted by law (such as in cases of rape or risk to the life of the pregnant woman).
• The purpose 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 is eligible for maternity benefits in 2026?

Anyone who contributes to the INSS (Brazilian National Social Security Institute) may be entitled to the benefit, regardless of whether they have a formal employment relationship, as long as they meet the established criteria.

1. Female workers with formal employment contracts (CLT)

• They are entitled to the benefit without a minimum contribution period requirement;
• The payment is made by the company, which subsequently receives reimbursement from the INSS (Brazilian National Social Security Institute).

2. Rural workers (special insured persons)

• They must provide proof of having worked in rural activities in the 12 months prior to childbirth or adoption;
• They do not need to pay individual contributions, but they must demonstrate that they were involved in rural activities.

3. Individual taxpayers, optional contributors, and MEIs (Micro Individual Entrepreneurs)

• Until 2024, it was mandatory to have at least 10 monthly contributions.
• Starting in 2025, according to the new INSS regulation (IN 188/25), a single valid contribution prior to the triggering event (birth, adoption, or abortion) is sufficient to guarantee the right to the benefit.

✅ What is the value of the Maternity Allowance benefit?

The maternity benefit will be at least 1621 reais per month, totaling at least 6484 reais over 4 months! The amount will depend on the insured woman's category. Employees with formal employment contracts can receive the same amount as their monthly salary during the leave period if they meet all the requirements, generally for 120 days. And the payment will be made directly by the company if she has a formal employment contract. If her salary is higher than the minimum wage, she may receive up to a maximum of R$ 8,475.55 per month, depending on the amount of the mother's salary during the leave.

Amount allocated to MEI (Individual Microentrepreneur), self-employed individual, or individual taxpayer

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 value, that will be used as the basis for the calculation.

How much does a special insured person (rural worker) receive?

The amount paid corresponds to the minimum wage in effect on the date the benefit is granted, unless the beneficiary's salary is higher than the minimum wage, in which case they will be entitled to a higher benefit, provided it does not exceed the ceiling.

✅How long will the aid last?

In cases of childbirth or adoption, the leave period will be 120 consecutive days (four months); however, it can be extended to 180 days if the deadline can be extended, in cases of companies participating in the Citizen Company Program. Companies that have the Citizen Company Program will be able to obtain the benefit for up to 6 months.

Here are the situations in which expansion can occur:

1. Adherence to the Citizen Company Program (Law 11.770/2008) 

This is the most common method. Companies that join the program can extend the license for an additional 60 days, totaling 180 days. 

Request: The employee needs to request the extension by the end of her first month after giving birth.

✅What changed in 2025 and 2026?

The main change came with INSS Normative Instruction 188/25, published after the STF (Supreme Federal Court) decision in ADIs 2.110 and 2.111. It brought an end to the requirement of 10 contributions. Previously, self-employed individuals (MEIs), freelancers, and optional contributors needed 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 informal or vulnerable situations.

✅Possibility of benefit review

Women who had their benefits denied due to lack of qualifying period between April 2024 and July 2025 can still request an administrative or judicial review, based on the new rule

Frequently Asked Questions

What should I do if my request is denied?

You can file an administrative appeal within 30 days; or seek legal advice to file a lawsuit for approval or review.

Do I need to take time off work to receive it?

Yes. The benefit presupposes time off from professional activities, including for self-employed workers.

Can I work and still get paid?

No. If it is proven that the employee was engaged in paid work during that period, the benefit may be canceled and the amounts may be refunded.