Inequality at Work: Women Dismissed After Maternity Leave

Lawyer points in favor of the new benefits granted by the STF, despite the longer absence from work generating dissatisfaction on the part of the employer Even with the increase in women's participation in all sectors of the economy, they still deal with a lot of inequality, one of which is balancing work and motherhood. With the change in maternity leave, following the decision of the Supreme Federal Court (STF), which granted new rights, now women in formal employment, governed by the CLT, have the right to extended hospital stays and an extension of the leave by two weeks upon presentation of a medical certificate, in case of complications or premature births. In other words, maternity leave will only be considered after the mother or newborn is discharged. Although it is a fair and favorable decision, lawyer Leonardo Ribeiro does not overlook the negative impacts of the benefit, as seen in what already happens regarding dismissal after maternity leave, representing an even longer period of absence for the employee. Even with the right to maternity leave stability of 120 days after childbirth for CLT workers and 5 months for rural workers, this legal protection does not shield them from dismissal without just cause, which occurs after the end of the period. However, according to the labor lawyer, if this type of discrimination is proven, they can seek protection in the Labor Court. Data from the Getúlio Vargas Foundation (FGV) reveals that formal employment gradually increases until the time of leave, and declines afterward, with most exits from the labor market occurring without just cause and at the employer's initiative. The study also indicates that female workers with higher education experience a 35% drop in employment 12 months after the start of their leave, while the drop is 51% for women with lower educational levels.