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Brazil Enacts Law Requiring Maternity Pay Within 30 Days

The measure forces automatic provisional payments when the agency misses the deadline and prevents repayment except in proven cases of bad faith.

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Overview

  • The law was signed by President Luiz Inácio Lula da Silva and published in the Diário Oficial on Tuesday, May 26, 2026, taking effect on the date of publication.
  • It amends Brazil’s social-security statute (Law No. 8.213/1991) to require that maternity pay paid directly by Previdência Social be granted within 30 days of an administrative request.
  • If the Previdência Social misses the 30-day deadline the benefit must be granted automatically and provisionally, with later review able to convert the payment to definitive or to stop it if legal requirements are not met.
  • Amounts disbursed during the provisional concession will not have to be returned except when the beneficiary is shown to have acted in bad faith, a protection meant to avoid leaving claimants without income.
  • The rule covers maternity-pay situations such as birth, adoption, judicial guardianship for adoption, and legally permitted abortion; typical paid leave runs about 120 days and the measure puts new administrative duties on the INSS to process requests faster.