Law No. 10421, 15 April 2002

Original Language Title: Lei nº 10.421, de 15 de Abril de 2002

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LEI No. 10,421, DE April 15, 2002

Estende to the foster mother the right to license-maternity and maternity pay, amending the Consolidation of Labor Laws, passed by Decree-Law No. 5,452, from 1º May 1943, and Law No. 8,213 of July 24, 1991.

THE PRESIDENT OF THE REPUBLIC, I make it known that the national congress decrees and I sanction the following law:

Art. 1º The art. 392 of the Consolidation of Labor Laws, passed by Decree-Law No. 5,452, from 1º May 1943, passes vigorously with the following essay:

"Art. 392. The female manager is entitled to maternity leave of 120 (one hundred and twenty) days, without prejudice to employment and salary.

§ 1º The maid must, upon medical attestation, notify his employer of the date of the commencement of the removal of employment, which may occur between the 28º (twenty-eighth) day before the birth and occurrence of this.

§ 2º The rest periods, before and after childbirth, can be increased from 2 (two) weeks each, upon medical certificate.

§ 3º In case of early childbirth, the woman will be entitled to the 120 (one hundred and twenty) days provided for in this article.

§ 4º (VETADO)

§ 5º (VETADO) " (NR)

Art. 2º The Consolidation of Labor Laws, approved by Decree-Law No. 5,452, from 1º May of 1943, passes the increased invigoration of the following device:

"Art. 392-A. To the maid who adopt or obtain judicial custody for child adoption purposes will be granted maternity leave under the art. 392, observed the provisions of your § 5.

§ 1º In the case of child adoption or judicial custody up to 1 (one) year of age, the period of leave will be 120 (one hundred and twenty) days.

§ 2º In the case of child adoption or judicial custody from 1 (one) year up to 4 (four) years of age, the period of leave will be 60 (sixty) days.

§ 3º In the case of child adoption or judicial custody from 4 (four) years up to 8 (eight) years of age, the period of leave will be 30 (thirty) days.

§ 4º The maternity leave will only be granted upon presentation of the judicial term of custody to the adopter or guardian. "

Art. 3º Law No. 8,213 of July 24, 1991 passes the following addition to the following device:

"Art. 71-A. To the Social Security insured who adopt or obtain judicial custody for child adoption purposes is due salary-maternity for the period of 120 (one hundred and twenty) days, if the child has up to 1 (one) year of age, from 60 (sixty) days, if the child has between 1 (one) and 4 (four) years of age, and from 30 (thirty) days, if the child has 4 (four) at 8 (eight) years of age. "

Art. 4º In the case of insured social welfare insured persons, the aliquot for the customer of the expenses arising from this Act will be the same as it costs the insured insured persons, willing in the inciso I of the art. 22 of Law No. 8,212 of July 24, 1991.

Art. 5º The obligations under this Act do not apply to facts prior to your publishing.

Art. 6º This law goes into effect on the date of its publication.

Brasilia, April 15, 2002 ; 181º of the Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Paulo Jobim Filho

Jose Cechin

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