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Pregnant women on sick leave during the pandemic will receive maternity pay

The company sought legal action against the INSS due to the prevention of teleworking.

From the Editors

 

Thursday, January 13, 2022

 

Updated January 14, 2022 08:24

 

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Pregnant women hired by a company who were laid off during the pandemic and cannot work remotely will be eligible for maternity pay. This was determined by Substitute Federal Judge Pimentel, of the 1st Federal Court of , RS, when granting an injunction.

 

 

 

INSS will pay maternity pay to pregnant women on leave.

The company filed a lawsuit against the INSS seeking to cover the full remuneration of pregnant workers linked to it who were laid off due to the pandemic. It also sought compensation for the amounts spent on payments during the pregnancy period since the publication of law 14.151/21.

 

The judge noted that, given the legal determination to remove a pregnant employee from work, "the employer cannot be obliged to bear such costs".

 

"It should be noted that this is not about creating a new social security benefit, but merely about interpreting the legislative text in accordance with the health risk rule for pregnant employees during the current COVID-19 pandemic, when it is impossible to adapt to remote work for their activities."

 

Therefore, a preliminary injunction was granted to determine that the amounts paid to pregnant women hired by the author and removed by law, for the duration of the removal, be classified as maternity pay.

 

Likewise, it authorized the compensation of amounts paid, to be carried out when collecting contributions levied on the payroll and other income paid or credited, in any capacity, to the individual who provides services to the author.

 

The judge highlighted that the decision does not cover the past period, "as it is not possible to reach past patrimonial effects in the context of a preliminary injunction in a security order in tax matters".

 

 link: https://www.migalhas.com.br/quentes/357978/gestantes-afastadas-na-pandemia-receberao-salario-maternidade