Salário-maternidade (Brazil's social security maternity pay) is a benefit for people who need to step away from their work because of the birth of a child, a legal (non-criminal) abortion, adoption or court-granted custody for the purpose of adoption.

Its purpose is to provide financial protection during the time away from work to care for the child or to recover after pregnancy.

Who may be entitled to salário-maternidade?

Under social security rules, the benefit may be granted to different categories of insured people, including:

  • company employees;
  • domestic workers;
  • Individual Microentrepreneurs (MEI);
  • individual contributors (self-employed);
  • casual (non-permanent) workers;
  • voluntary contributors;
  • special insured workers, such as some rural workers;
  • unemployed people who still keep their insured status with the INSS (Brazil's National Social Security Institute);
  • people who adopt or obtain court-granted custody for the purpose of adoption.

In some situations, the father, spouse or partner can also receive salário-maternidade, such as in cases of adoption or the death of the person originally entitled to the benefit.

Is a minimum number of contributions required?

Currently, there is no minimum contribution period (carência) for salário-maternidade, regardless of the insured person's category.

This rule began to be applied by the INSS after rulings by Brazil's Supreme Federal Court (STF) and was incorporated into the institute's administrative rules in 2025.

This means the former requirement of ten contributions for categories such as individual contributors, voluntary contributors and special insured workers no longer applies.

Even so, you still need to meet the other social security requirements, including insured status, when required.

If you are unemployed, for example, it's important to check whether you are still within the so-called grace period, during which a person can remain covered by social security even without contributing.

When and where to apply?

How you apply depends on your situation.

| Event | Situation | Where to apply | When

| -------------------------------- --------------------------------------------------| ---------------------------------------------------------------------------- ------------------------------------------------------ |

Birth Company employee (Employer ) From 28 days before the birth or from the birth

Birth Unemployed person ( INSS ) From the birth

Birth Other insured people (INSS ) From 28 days before the birth or from the birth

Adoption or

custody for adoption Adoptive parent ( INSS ) From the adoption or court-granted custody

Legal (non-criminal) abortion Company employee (Employer) From the date it occurs

Legal (non-criminal) abortion

Other insured people ( INSS ) From the date it occurs

What about people who work for an MEI?

There is a specific rule for employees hired by an Individual Microentrepreneur (MEI): in this case, salário-maternidade is requested directly from the INSS.

A person who is an MEI themselves applies for the benefit as an insured person through the INSS.

What documents may be needed?

Documents vary depending on the situation and don't always need to be submitted in advance.

The INSS may request personal documents and proof related to your social security coverage.

In case of birth

When leave begins up to 28 days before the birth, you may need to present a medical certificate specific to the pregnancy.

After the birth, the child's birth certificate can be used.

In the case of a stillbirth, the corresponding certificate may also be requested.

You may need to present:

  • a court custody order stating that custody is for the purpose of adoption; or
  • a new birth certificate issued after the court's adoption ruling.

In case of a legal (non-criminal) abortion

You need to present a medical certificate confirming the situation.

Proof of social security coverage

When necessary, the INSS may also request documents such as:

  • Work and Social Security Card (CTPS);
  • contribution payment slips (carnês);
  • Certificate of Contribution Time (Certidão de Tempo de Contribuição);
  • documents related to rural work;
  • other documents proving employment ties or contributions.

How long does salário-maternidade last?

The duration depends on the situation that gave rise to the benefit.

Birth

The benefit is normally paid for 120 days.

Adoption or court-granted custody for the purpose of adoption

The benefit lasts 120 days.

In adoption, only one of the adoptive parents in the same process can receive the salário-maternidade related to that adoption.

Stillbirth

The benefit lasts 120 days.

Legal (non-criminal) abortion

In cases of miscarriage or abortion permitted under Brazilian law, the benefit is normally granted for 14 days, according to medical assessment.

What if the mother or the baby needs to stay in the hospital?

There is an important protection for prolonged hospital stays related to the birth.

When the mother or the newborn stays in the hospital for more than two weeks due to medical complications related to the birth, the law provides that salário-maternidade can cover the hospital stay plus 120 days after discharge, minus any period already used before the birth.

This rule aims to prevent a large part of the leave from being used up while the mother or baby is still hospitalized.

What about the birth of twins?

The birth of two or more babies does not generate two salário-maternidade payments for the same employment tie.

The benefit remains linked to the birth event.

In other words, for the birth of twins, triplets or other multiples, the standard duration is still 120 days, except in specific situations provided for by law.

What if the person has more than one job?

People who have simultaneous jobs or insured activities may, according to the rules that apply to each employment tie, be entitled to salário-maternidade related to each of those activities.

So it isn't correct to simply say there is only one payment regardless of the employment ties.

The assessment must take into account each activity carried out by the insured person.

Can men also receive salário-maternidade?

Yes, in some situations.

A man can receive the benefit, for example, when he:

  • adopts a child;
  • obtains court-granted custody for the purpose of adoption;
  • the mother who would have been entitled to salário-maternidade dies during the benefit period.

In the case of death, the surviving spouse or partner can receive the remaining period of the benefit, provided they meet the social security requirements set out in the law.

Can salário-maternidade be received together with other benefits?

Salário-maternidade cannot be combined, during the same period, with certain incapacity benefits, such as the temporary incapacity benefit or retirement due to permanent incapacity.

If there is another social security situation in progress, it's important to check with the INSS how the benefits should be handled.

How to apply through Meu INSS

If you need to apply for the benefit directly with the INSS, the process can usually be done online.

1. Go to Meu INSS, on the website or app.

2. Log in with your Gov.br account.

3. Search for “Salário-Maternidade”.

4. Choose the service that matches your situation.

5. Check your details.

6. Upload the requested documents, when necessary.

7. Track the progress of your request in Meu INSS itself.

Service is provided mainly remotely.

You don't need to go to an INSS office, unless the institute itself asks you to come in to present or verify some information.

You can also get guidance by calling the 135 helpline.

Is there a deadline to apply?

You can apply for salário-maternidade up to five years after the event that gave rise to the benefit, according to current INSS guidance.

Even so, when possible, it's best to apply as soon as you become entitled, to avoid delays in receiving payment.

A tip from Nilu 💚

During pregnancy, it's worth checking ahead of time how your salário-maternidade application will be handled.

If you work with a formal employment contract (carteira assinada), talk to your company's Human Resources department to understand the internal procedures.

If you are an MEI, self-employed, a voluntary contributor, a rural worker or unemployed, checking your details in Meu INSS before the birth can help you spot registration or social security information that needs updating.

And if you have any questions about these rights, you can also talk to Luna, Nilu's AI assistant. She can help explain the main concepts and point you to where to find official information.

Specific questions about eligibility, amounts, employment ties or individual social security situations should be confirmed directly with the INSS or with a specialized professional.

Sources

Instituto Nacional do Seguro Social (INSS) — Salário-Maternidade

Official information on who can receive it, duration, documents, minimum contribution period and how to apply.

INSS — Instrução Normativa nº 188/2025 (Normative Instruction No. 188/2025)

Update to the rules following Supreme Federal Court rulings on the minimum contribution period for salário-maternidade.

Lei nº 8.213/1991 (Law No. 8,213/1991) — Planalto

Legislation governing Social Security benefits, including salário-maternidade.

Decreto nº 3.048/1999 (Decree No. 3,048/1999) — Social Security Regulation

Supplementary rules on granting the benefit and its duration.