POSSIBILITY OF EXTENSION OF LEAVE AND MATERNITY SALARY BENEFIT TO SAME-AFFECTIVE COUPLES

Abstract

Thus, it is possible to consider that extending maternity leave and pay benefits to same-sex couples is a matter of inclusion and equality of rights within the scope of social security and labor laws. Traditionally, these benefits are granted to biological mothers and, in some cases, to adoptive or substitute parents. However, the growing visibility and legal recognition of same-sex families highlight the need to reassess these norms. In Brazil, maternity leave is a right guaranteed by the Constitution and regulated by the Consolidation of Labor Laws (CLT) and Social Security, with a duration of 120 to 180 days, depending on the employer. Maternity pay is a benefit paid by Social Security during this period. Initially, these norms did not explicitly include same-sex couples. Therefore, this study employs a qualitative and bibliographic approach, reviewing scientific articles, theses, and dissertations through the deductive method. Consequently, the main difficulty lies in adapting existing legislation to explicitly encompass same-sex couples. Proposals include amending the CLT and social security regulations to include leave and pay benefits for same-sex couples.