News regarding maternity leave and wages

Law nº 12.873 / 2013 was published in the Official Gazette this Friday (10/25), resulting from the Conversion Project, with amendment, of Provisional Measure nº 619/2013, which modified provisions of Law nº 8,212 / 91 and No. 8,213 / 91.

In addition to changes in social security legislation in relation to costing and benefits, Law No. 12,873 / 2013 also brought changes in the CLT and Law No. 12,546 / 2011, which deals with Social Security Contribution on Gross Revenue.

Below we highlight the news brought by Law No. 12,873 / 2013:

a) the maternity salary is due, for a period of 120 days, to the Social Security insured who adopts or obtains judicial custody for the purpose of adopting a child; (effective from 01/01/2014);

b) in the event of the death of the insured or insured, including the adopter, who is entitled to receive the maternity salary, the benefit will be paid, for the entire period or for the remaining time to which he / she would be entitled, to the spouse or partner survivor who has the status of insured, except in the case of the death of the child or its abandonment; (effective from 23/01/2014);

c) the perception of maternity wages, including in the case of the death of one of the insured persons entitled to the maternity wage, is subject to withdrawal from work or the activity performed, under penalty of suspension of the benefit (effective as of of 23/01/2014);

d) the adoption or joint judicial custody will give rise to the granting of maternity leave to only one of the adopters or guardians employed or employed; (effective from 01/01/2014);

e) in the event of the death of the mother, the spouse or employed partner is entitled to leave for the entire period of maternity leave or for the remaining time to which the mother would be entitled, except in the case of the death of the child or their abandonment; (effective from 23/01/2014);

f) where applicable, the terms mentioned in letters “d” and “e” apply to the employee who adopts or obtains judicial custody for adoption purposes (effective as of 01/01/2014);