News and Business
Brazil enacts law extending paternity leave from January 2027
New legislation provides for the gradual expansion of paternity leave, the creation of paternity pay, and new rights and protections for fathers
Subjects
Published on April 1, Law No. 15,371/2026 is set to gradually extend paternity leave as of January 2027 and introduces paternity pay under the country’s social security system.
The rule progressively extends the current five-day paternity leave period, reaching 20 days by 2029, according to the following schedule:
- 10 days’ leave from January 1, 2027;
- 15 days’ leave from January 1, 2028;
- 20 days’ leave from January 1, 2029.
Companies participating in the Corporate Citizen Program (Programa Empresa Cidadã) will continue to extend paternity leave by an additional 15 days on top of the schedule above, resulting in 35 days of leave for new fathers starting in 2029.
Eligibility for paternity leave is triggered by the birth of a child, or the adoption of or grant of legal custody over a minor (up to 18 years of age). The company is responsible for payment, with subsequent reimbursement via the social security system.
As of January 2027, companies must also comply with the following new provisions:
- Temporary job protection: Arbitrary or dismissal without cause of the employee is prohibited from the start of the leave until one month after the leave has ended.
- Vacations: The employee can take vacations following the end of the leave.
- Suspension or termination of leave: Leave may be suspended, terminated or denied in cases involving domestic violence or the material abandonment of a minor.
- Hospitalization of the newborn: If the newborn is hospitalized, the leave period and paternity pay are extended accordingly.
- Disability: In the event of the birth or adoption of a minor with a disability, the leave period is increased by one-third.
The new law represents an important step forward for gender equality and parental co-responsibility in Brazil. For companies, however, beyond the need to adapt internal processes to meet the new obligations, it may pose other notable challenges – particularly with respect to potential questions over the characterization of dismissals as arbitrary during the post-leave job protection period.
For more information on this topic, please contact Mattos Filho’s Labor & Employment practice area.
