A very common question we receive at ORGATEC is: when does maternity leave actually start, especially if there are complications during or after childbirth?.
The Basic Rule Generally, maternity leave lasts 120 days, starting immediately after childbirth or as specified by a medical certificate. But what happens when things don’t go as planned?.
The 14-Day Rule The duration of hospitalization changes how the leave is counted:
- Up to 14 days: The leave is counted normally from the date of birth or the medical certificate.
- Over 14 days: If the mother or the baby remains hospitalized for more than 14 days, the 120-day count only starts after hospital discharge.
The “Last Discharge” Principle The count begins specifically from the last discharge, whether it is the mother’s or the baby’s. For instance, if a baby stays in the hospital for 60 days while the mother is discharged in 3, the 120-day leave starts only when the baby leaves the hospital. This ensures that the family has real time together at home.
Practical Advice
- For Companies: HR departments must accurately record discharge dates to apply the rule correctly.
- For Families: Keep all medical reports and certificates; they are crucial for Social Security (INSS) and HR validation.
We specialize in accounting for foreign companies. Feel free to contact us for more information!