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Brazil's Supreme Court Says Employers Pay 15 Days, INSS Pays Thereafter For Women On Protective Leave

The unanimous ruling creates a binding national framework that treats court‑ordered leave as an interruption of the job contract, guaranteeing pay continuity plus preserved contributions.

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Overview

  • Insured workers keep their jobs during protective leave of up to six months, with employers covering the first 15 days and the INSS financing the remaining period, including full coverage when there is no employer and without a waiting period requirement.
  • Women who are not insured by social security are entitled to an assistential benefit under LOAS, with the judge verifying that they lack other means of subsistence.
  • The Court held that salary, social security payments, FGTS deposits and time of service must be maintained to avoid double harm to victims.
  • State criminal judges remain competent to order workplace removal and requisition payment, while the Federal Judiciary hears INSS regressive actions against those responsible for the violence.
  • The case arose from a Paraná ruling upheld by TRF‑4, and the INSS appeal was rejected as the STF set a nationwide precedent with repercussão geral.