New rules for maternity leave are now in effect; changes extend salary payments and time counting

New rules for maternity leave are now in effect: understand the extension in case of postpartum hospitalization and the increase in maternity pay

The new rules for maternity leave focused on the postpartum period – also known as the puerperium – are now in effect after publication in the Official Gazette of the Union (DOU) on September 30th, through Law No. 15.222/2025, which amends the Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5.452/1943.

The measure brings two main changes for this period: maternity leave can be extended in cases of mothers or babies hospitalized for more than two weeks, with the 120-day leave period beginning after hospital discharge, and maternity pay can be extended in the same manner.

The legislation also establishes that the rest periods, before and after childbirth, may be increased by two weeks each, upon presentation of a medical certificate.

However, in the case of hospitalization exceeding the two-week period stipulated in § 2 of art. Article 392 of the CLT (Consolidation of Labor Laws) states that, provided it is proven to be related to childbirth, maternity leave may be extended up to 120 days after the mother and newborn are discharged from the hospital, deducting the rest period prior to childbirth.

Therefore, the mother will not be prejudiced in her right to fully enjoy the 120-day maternity leave.

The new rule also applies to informal or self-employed workers who contribute to Social Security, since Law No. 15.222/2025 amended Law No. 8.213/1991, which covers all INSS (National Institute of Social Security) insured women.

What about the employer?

In cases where the Benefit Start Date (DIB) and the Payment Start Date (DIP) of the benefit are set up to 28 days before childbirth, the period of benefit prior to childbirth should be deducted from the 120 days due from the date of hospital discharge.

Accountant Camila Oliveira explains in practice how this works:

Example 1

The employee had her baby on October 1, 2025. The baby was hospitalized for 30 days, which are not included in the maternity leave calculation. The employee will have 120 full days from the date of discharge.

Example 2

The employee went on maternity leave 20 days before childbirth, on October 10, 2025. The baby was born on October 30, 2025, and was hospitalized for 30 days. In this example, the 30 days of hospitalization are also not counted; however, the 20 days of maternity leave before childbirth (from October 10, 2025 to October 29, 2025) are deducted from the 120-day maternity leave period. Thus, after discharge, the employee will be entitled to the missing days, that is, 100 days of maternity leave, totaling 120 days (20 days before childbirth plus 100 days after medical discharge).

In this case, maternity pay will be due during the hospitalization period and for an additional 120 days after discharge, deducting the time of receiving the benefit prior to childbirth (§ 3 of article 71 of Law No. 8.213/1991).

The expert also emphasizes that the change represents an important step forward in maternity protection, especially for sensitive situations in the neonatal ICU or postpartum complications, but also understands that from an economic point of view, it is natural for companies and the INSS (Brazilian National Social Security Institute) to question the financial impact. “Even so, in terms of social justice, ensuring that a mother only begins her full maternity leave when she is with her child at home is a measure of humanity.”

Camila further adds: “Now, the biggest challenge will be operational: adjusting eSocial, payroll, and social security systems to ensure that DIB (Date of Benefit Commencement), DIP (Date of Payment of Income), hospital discharge, and deductions are accurately controlled, avoiding labor liabilities.”

Employers should pay attention to the changes along with their Human Resources department and can also count on the assistance of accountants to deal with these changes correctly.

Source: Contábeis