Daycare Assistance: Are you eligible for this benefit? Understand how it works!

Are you familiar with childcare assistance? It's a fundamental benefit guaranteed by the Federal Constitution and regulated by the Consolidation of Labor Laws (CLT). It's crucial that this right be respected.

But the truth is that many Brazilian workers are unaware of this essential benefit, failing to receive something that is their right.

In this article, we'll show you what childcare assistance is and who is eligible, as well as a step-by-step guide to applying for this important benefit for working mothers.

Read on to the end and learn more about childcare assistance.

Check out some questions you may have below:

• Who is entitled to childcare assistance?
• How does childcare assistance work?
• How much is the childcare allowance?
• How to apply for childcare assistance?
• What age is the childcare allowance up to?
• Is the father entitled to childcare assistance?
• Can both parents receive childcare assistance at the same time?
• If I am unemployed, is my child entitled to daycare?
• Is childcare assistance mandatory?

What is childcare assistance?

Childcare assistance is a legally guaranteed benefit, intended for women over the age of 16 who are breastfeeding their children, covering the period up to six months of the child's life.

The law stipulates that this assistance must be provided by companies, especially in cases where there is no appropriate environment for mothers to keep their children during the breastfeeding period on company premises.

It is important to emphasize that, if the company offers an adequate space in the workplace, where employees can safely leave their children, this infrastructure can be an alternative to direct payment of childcare assistance.

In this scenario, the company is fulfilling its legal obligations by providing a convenient solution for working mothers.

However, if the company does not have such internal infrastructure, it is then obliged to offer financial compensation so that mothers have the peace of mind necessary to carry out their maternal responsibilities.

This compensation can be granted in a variety of ways, whether in cash or through multi-benefit cards that the company already provides to its employees.

Thus, childcare assistance is a legally established measure to ensure that working mothers have adequate conditions to care for their children during the breastfeeding period.

The flexibility in the form of concession, whether through facilities in the workplace or financial compensation, reflects the concern to adapt the benefit to the different realities and needs of companies and their employees.

How does childcare assistance work?

As established by the Consolidation of Labor Laws (CLT), specifically in Article 388, the granting of childcare assistance is a business obligation.

The text of the law states that, in cases where there are no daycare centers that adequately meet the needs of maternity protection, according to the assessment of the competent authority, establishments in which at least thirty women over the age of 16 work must provide adequate space.

This place must allow employees to keep their children under supervision and assistance during the breastfeeding period.

If the company does not have such a structure, it is obliged to provide childcare assistance in the form of payment.

This is a crucial point, highlighting the need for companies to ensure adequate conditions for mothers to perform their professional duties while caring for their children during the breastfeeding period.

It is important to highlight that, despite the mandatory nature of the legislation, some companies go beyond what is required, offering broader benefits that cover not only maternity, but also paternity.

This initiative reflects a more comprehensive understanding of family needs, contributing to a more inclusive work environment that is sensitive to the demands of employees at different stages of life.

The childcare allowance is paid along with the employee's salary and is listed on the paycheck. It cannot be deducted from salary and is an essential benefit. Alternatively, if the employee has a benefits card, the childcare allowance amount can be included on that card.

Who is entitled to childcare assistance?

According to the CLT (Consolidation of Labor Laws), women over 16 who work in private companies with more than 30 employees are entitled to childcare assistance. This is a legal obligation that must be met by law.

However, companies with fewer than 30 employees can, if they wish, grant this benefit to their female employees.

Furthermore, although men are not included in the benefit, many companies understand that they also have the right to receive childcare assistance.

Therefore, it's important to know your company's policies so you can be sure you're receiving the correct amount.

How much is the childcare allowance?

The law stipulates that the amount paid in childcare assistance must be at least equivalent to 5% of the employee's salary for each child. However, in certain situations, this benefit may be higher if the company considers supporting its employees more.

For example, if a mother receives a salary of R$1,000, the minimum amount of childcare assistance for this worker would be R$1,000 per child.

If this mother has twins, for example, the calculation is for each child, totaling R$ 200 per month until the children are six months old.

It's important to note that these amounts represent the minimum stipulated by law. However, it's important to note that companies have the discretion to increase this amount or extend the period during which childcare assistance is granted.

In this sense, some companies opt for more comprehensive policies to offer additional support to their employees during the breastfeeding phase, demonstrating a more flexible approach aligned with the specific needs of their employees.

How to apply for childcare assistance?

To request childcare assistance, the employee must contact the company's Human Resources department.

The process involves filling out a specific form and submitting documents, such as the child's birth certificate.

The registration must contain detailed information about the mother or father, the child, length of stay at the daycare, monthly fee, daycare CNPJ (Brazilian Taxpayer Registry) number, address and telephone number, and everything else related to the child and the daycare to be placed.

It is worth noting that the benefit cannot be deducted from the employee's salary and must be detailed separately on the pay slip.

With this, having the documentation in hand, the company will make the payment along with the employee's salary.

Common questions about childcare assistance

What age is the childcare allowance up to?

According to the law, childcare assistance is paid to children up to 6 months of age. However, the company has the authority to extend this period, especially for children who are still breastfeeding.

How much is the childcare allowance?

The legally stipulated amount is 5% of the employee's salary per child within the required age. Therefore, in the case of twins, the amount is paid per child.

Just like the deadline, companies have the discretion to increase the childcare allowance amount. In some cases, companies can pay up to 30% of a worker's salary to help employees.

But, established by law, it is 5% per child for six months.

Is the father entitled to childcare assistance?

No. The childcare allowance is intended for women.

But some companies believe that the father should also receive it. In this case, it's a benefit the company grants, without being required by law.

Can both parents receive childcare assistance at the same time?

By law, the child's father and mother cannot receive childcare assistance at the same time. This benefit is granted to the child's mother.

But if the company understands that the father should also receive assistance, he will receive it as a salary bonus.

If I am unemployed, is my child entitled to daycare?

Yes. According to the law, if a mother is unemployed, she is entitled to part-time public daycare, as early childhood education is a basic right for children.

Is childcare assistance mandatory?

For companies with more than 30 employees that do not have a suitable space for children, daycare assistance is mandatory.