Enacted on September 29, 2025, Law No. 15,222/2025 extends maternity leave and the maternity benefit when there is hospitalization longer than two weeks due to complications related to childbirth.
The new law amends the Consolidation of Labor Laws (CLT) and the Social Security Benefits Law, establishing that the leave period is counted from the hospital discharge date, ensuring 120 days of leave after discharge, with a deduction for any rest granted before childbirth. The change strengthens protections for maternity and childhood, preventing prolonged hospital stays from reducing family time outside the hospital setting.
The Federal Supreme Court (STF) had already consolidated this understanding, ruling that both maternity leave and the maternity benefit must begin after hospital discharge of the mother or the newborn, whichever occurs later, reflecting the social and protective purpose of the rule. In 2025, similar reasoning was extended to paternity leave, ensuring that counting also begins after the newborn’s discharge, in order to prioritize family bonding.
Currently, Article 7, XVIII of the Brazilian Constitution guarantees workers 120 days of maternity leave, without loss of employment or salary. The maternity benefit is regulated by Article 71 of Law No. 8,213/1991, and is payable during leave due to childbirth, adoption, or judicial custody for adoption. The benefit likewise applies to adoptive parents, whether in heterosexual or same-sex couples.
From both labor and social security perspectives, the change extends the period of justified leave and the maternity benefit. Where hospitalization of the mother or newborn exceeds two weeks due to childbirth-related complications, leave and the benefit must cover the entire hospitalization period and an additional 120 (one hundred and twenty) days after discharge, deducting any portion of the benefit already enjoyed before childbirth.
From a people management and compliance standpoint, the change requires clear procedural adjustments: monitoring the hospital discharge date (as the starting point of the leave), alignment among HR, Payroll/Personnel and Legal for proper notices to the INSS, updates to internal policies and leave checklists, and planning for temporary coverage. By focusing on processes, deadlines, and records, companies avoid any reading that associates the rule with specific groups of workers; the emphasis remains on legal compliance, organized routines, and operational continuity.
Finally, correct interpretation and application of the new rule are key to reducing disputes and enhancing legal certainty. Companies are advised to review internal practices and policies, train the involved teams, and establish standardized workflows to handle prolonged hospitalization cases, ensuring appropriate employee support, equal treatment, inclusive language in documents, and strict adherence to labor and social-security requirements.
