The plenary of the Federal Supreme Court (STF) today (21) formed a majority of votes to maintain the decision that guarantees the beginning of maternity leave after hospital discharge of the mother or newborn, whichever occurs last. The understanding is valid for long hospitalizations, over a period of two weeks, and affects cases of premature births.
The effect of the decision is immediate for all pregnant women and mothers who have a formal employment contract, governed by the Consolidation of Labor Laws (CLT).
The case reached the Supreme Court through a lawsuit filed by the Solidarity party.
In March 2020, when granting the injunction on the matter, Minister Edson Fachin, rapporteur of the actionunderstood that the beginning of the leave count only from the moment of discharge is a right not only of the mother, but also of the newborn.
According to the CLT, the removal of the pregnant woman can occur between the 28th day before delivery and the date of birth of the baby.
Under current legislation, maternity leave lasts for 120 days, during which time women are entitled to maternity leave, the costs of which must be borne by Social Security.
Minister Edson Fachin argued that there is a provision for extending the license by two weeks upon presentation of a medical certificate, but the measure does not occur in the case of long hospitalizations, which involve premature births, before the 37th week of gestation.
The case was judged in the virtual plenary, a form of voting in which votes are entered into an electronic system and there is no face-to-face deliberation.
So far, seven ministers have voted to endorse the injunction. Four votes to go. The virtual trial will end at midnight.
