A licença-maternidade existe não como recompensa para quem tem o filho, mas para as mães se dedicarem aos cuidados com a criança.
O foco em questão é o exercício do direito da criança: não só de ter alguém para acompanhá-la, mas também para estabelecer vínculos para durar a vida inteira.
Isso explica também as decisões judiciais a casais, mulheres ou homens solteiros que optam pela adoção.
No Brasil é necessário combinação prévia com empregadores e a lei determina período de 120 dias consecutivos, 90 deles obrigatoriamente após o parto (ou adoção).
No caso de gravidez múltipla, o tempo de licença tem um acréscimo de 30 dias para cada gêmeo.
O afastamento pode começar antes do parto, desde que haja prescrição médica. Abortos espontâneos também dão direito a licença de 14 dias a 30 dias.
O pai da criança têm direito a licença-paternidade de cinco dias úteis, seguidos ou alternados, no primeiro mês do nascimento do filho.
Esse tempo pode ser ampliado em até 98 dias em casos de incapacidade da mãe (física ou psíquica), morte da mãe ou decisão conjunta dos pais. Lembrando que também há necessidade de programar com antecedência a licença com os empregadores.
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