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ALERT / MARCH 3, 2026
Brazil extends maternity leave for post-delivery hospitalization
3 MIN READ
Brazil has extended social security-paid maternity leave in cases of post-delivery hospitalization of the mother or the newborn due to childbirth-related complications, with the standard maternity leave period effectively extended by the duration of the hospitalization. This change took effect on 30 September 2025.
Background
The change was implemented through amendments to the Consolidation of Labor Laws (Decree-Law No. 5,452, of 1 May 1943) and the Social Security Benefits Law (Law No. 8213 of 24 July 1991). Both amendments entered into force upon publication in the Official Gazette on 30 September 2025.
Key details
Under the existing law, pregnant employees are entitled to 120 days of social security-paid maternity leave, which begins at any time between 28 days before delivery and the day of delivery. If supported by a medical certificate (not limited to hospitalizations), this standard entitlement can be increased by up to two weeks before and two weeks after delivery (i.e., up to a total of four weeks).
From 30 September 2025, in addition to the standard social security-paid maternity leave and the existing medical extension of up to four weeks, pregnant employees are also entitled to an extension of maternity leave for the full duration of any childbirth-related post-delivery hospitalization of the mother or the newborn.
In practice, this means that the standard maternity leave entitlement only starts after the discharge of the mother or child, whichever is later. For example, if the mother or child is hospitalized for 60 days, the mother is entitled to maternity leave for those 60 days and the standard 120 days of maternity leave, minus any pre-delivery maternity leave taken, will commence on the day after discharge.
The employee is entitled to receive full maternity pay for the entire hospitalization period and the 120 days of standard maternity leave entitlement after discharge, offset by any maternity leave already taken before delivery. This is paid by the National Social Security Institute (INSS).
Employer action: ACT
Employers should update their employee handbooks and maternity leave policies and procedures, if they have not already done so, to reflect the change. They should also monitor for any forthcoming operational guidance from the Ministry of Labor and Employment or the INSS.
Employers offering private short-term disability plans or salary continuation arrangements should review plan terms to assess potential overlaps with the extended statutory maternity benefit and implement any necessary adjustments to avoid duplication of coverage.
Please contact Eduardo Kolmar, Director of People Solutions, Lockton Brazil at eduardo.kolmar@lockton.com (opens a new window), Sandra Souza, Manager, International Desk, People Solutions, Lockton Brazil at sandra.souza@lockton.com (opens a new window), and your Global People Solutions Lockton Consultant if you wish to discuss the change and its potential impact on your short-term disability plans.
Written in collaboration with:
Eduardo Kolmar
Director of People Solutions, Lockton Brazil
eduardo.kolmar@lockton.com (opens a new window)
Sandra Souza
Manager, International Desk, People Solutions, Lockton Brazil
sandra.souza@lockton.com (opens a new window)
Further Information
Law No. 15,222 of September 29, 2025 | Presidency of the Republic (opens a new window)
