Despite clear laws that guarantee the protection of pregnant women and new mothers in the workplace, many Brazilian women still experience a reality far from what is stipulated on paper. A study supported by FAPESP involving 652 women in the immediate postpartum period revealed that most are unaware of their labor rights during pregnancy and postpartum. More than half reported experiencing some type of workplace violation during this period. The results were published in BMC Pregnancy and Childbirth .
Of the total number of respondents, 293 had worked during their pregnancy. They all answered a questionnaire about their knowledge of labor rights. Those who worked during pregnancy also answered questions about their perception of violations of these rights. The results show that only about 8% of the postpartum women said they were aware of all the rights assessed in the study, while approximately 40% did not know even half of them. Additionally, 54.3% of the working women reported at least one violated right during pregnancy or the postpartum period, and nearly half of them experienced repeated violations.
The idea for the study arose from clinical practice. Renato Teixeira Souza , the gynecologist and obstetrician responsible for the study, says his concern began while working on his doctorate at the prenatal clinic of the Professor José Aristodemo Pinotti Women’s Hospital (CAISM) at the State University of Campinas (UNICAMP) in São Paulo, Brazil, between 2015 and 2019.
“I ran a prenatal clinic at CAISM, and during appointments, women brought up issues that went far beyond clinical health. They reported physical and moral harassment, difficulty attending appointments, being prevented from taking breaks at work to eat better or measure their blood sugar, among other things,” says the doctor.
According to Souza, many of these reports surfaced after the pregnancy was revealed in the workplace. “The women said that after their bosses found out about the pregnancy, their behavior changed. It became more difficult to get permission to leave for appointments. There was pressure, embarrassment. That set off an alarm that there was a structural problem, not just an isolated issue,” he says.
Given this, Souza began adopting a strategy to help pregnant women. He started printing articles from the Consolidation of Labor Laws (CLT) – the Brazilian government’s legal framework regulating labor relations – and giving them to patients along with medical recommendations. “I realized that even when I recommended a reduction in working hours or a change in job function, for example, which are rights provided for by law, this was not always respected by the employer. So I’d give them the medical recommendation along with the law itself and advise the pregnant women to take the legislation along with the medical request,” the doctor recalls.
Tip of the iceberg
Realizing that this scenario could be just “the tip of the iceberg” motivated Souza to expand the investigation. This led to the design of a study carried out with the support of a multidisciplinary team of health, social service, and legal professionals. The group examined the CLT and selected 16 labor rights related to the protection of pregnancy, childbirth, and the postpartum period, as well as more generic work rights. The aim was to assess the degree of knowledge of and perception of violations of these rights.
The research was conducted in three Brazilian maternity hospitals: two in the Southeast (CAISM and the University Hospital of the Jundiaí Medical School) and one in the Northeast (Clinical Hospital of the Federal University of Pernambuco – UFPE in Recife). Data was collected between June 1 and July 31, 2022, using a questionnaire about labor rights. Interviews were conducted in person during the postpartum period, while the women were still in the hospital (after delivery and before discharge).
According to the study, more than half of the workers reported experiencing at least one violation of their rights during pregnancy. By cross-referencing the data, the researchers concluded that the risk of experiencing such violations increases significantly in contexts of greater social vulnerability.
The analysis revealed that adolescent women with low levels of education, single mothers, and residents of the Northeast had less knowledge of their labor rights. Living in the Northeast increased the likelihood of reporting a violation by more than five times. “It’s precisely the group that should receive greater protection from the state and society that’s most exposed to disrespect,” says Souza.
The best-known rights were those related to maternity leave and paid vacation. The least known rights included provisions for daycare and adequate spaces for breastfeeding in the workplace. According to the obstetrician, the impact of this lack of knowledge extends beyond the labor sphere. “Breastfeeding isn’t just a matter of nutrition. It involves bonding, emotional security, and protection against disease. When this right is violated, we’re talking about damage to the health of the mother and baby and to the development of that child as an individual within the family environment, which must be protected,” he explains.
Another issue identified by the study is the lack of awareness regarding the right to paid leave after an abortion, which is guaranteed by law. “These women are entitled to at least two weeks of leave. This is essential, including from a mental health perspective, and yet it’s little known,” says the doctor.
According to Souza, the failures are numerous and widespread. “There’s a legislative failure because the world of work has changed, and protections must keep pace with that change. There are failures on the part of employers and the state, in terms of oversight and education for us individuals who work and employ others. But there’s another point. Are health professionals prepared to guide these women?” he asks.
Based on these findings, the group developed an informative booklet that was given to the study participants. Interest in disseminating more information to doctors and pregnant women spread to the Commission for Professional Defense and Valorization of the São Paulo State Association of Obstetrics and Gynecology (SOGESP), of which Souza is a member. The booklet contains guidance on the labor rights of pregnant women and medical guidelines with practical examples of common everyday situations. “It isn’t fair to identify a problem of this magnitude and not offer any practical tools. That’s why we’ve developed educational and informative material,” says Souza.
The researcher points out that prenatal care can be a strategic space for this approach. “We need to ask these women about their work, their source of income, their job security. Many don’t even know they can talk about this at their appointments. If we don’t open up this space, the problem remains invisible,” he says.
The study concludes that there is a significant lack of information about labor rights for pregnant women and new mothers in Brazil, which reinforces the need for coordinated action between public policies, employers, the justice system, and society through educational initiatives, greater oversight, and continuous monitoring. In 2025, Souza began a new study involving more maternity hospitals that addresses the rights and protective benefits of pregnant women more broadly. The data is still being collected. “Protecting pregnant women means protecting the family unit and, ultimately, society itself. We’re talking about human rights,” the obstetrician concludes.
About São Paulo Research Foundation (FAPESP)
The São Paulo Research Foundation (FAPESP) is a public institution with the mission of supporting scientific research in all fields of knowledge by awarding scholarships, fellowships and grants to investigators linked with higher education and research institutions in the State of São Paulo, Brazil. FAPESP is aware that the very best research can only be done by working with the best researchers internationally. Therefore, it has established partnerships with funding agencies, higher education, private companies, and research organizations in other countries known for the quality of their research and has been encouraging scientists funded by its grants to further develop their international collaboration. You can learn more about FAPESP at www.fapesp.br/en and visit FAPESP news agency at www.agencia.fapesp.br/en to keep updated with the latest scientific breakthroughs FAPESP helps achieve through its many programs, awards and research centers. You may also subscribe to FAPESP news agency at http://agencia.fapesp.br/subscribe .
BMC Pregnancy and Childbirth
Knowledge and perception of labor rights violations among postpartum women in three Brazilian maternity hospitals: a cross-sectional study
14-Nov-2025