Article

Special Leave Entitlements in Brazil: Beyond Standard PTO

February 25, 2025

Understanding special leave entitlements in Brazil is essential for both employers and employees. While general holiday and leave rights are governed by the Consolidação das Leis do Trabalho (CLT), other laws grant additional leave rights in specific situations. Employers must comply with these regulations to avoid penalties and ensure fair labor practices.

📖 For a complete overview of vacation entitlements, public holidays, and standard paid time off (PTO), refer to our comprehensive guide on Holidays & Leave Entitlement in Brazil.

This article focuses on lesser-known leave entitlements that extend beyond regular vacation and PTO, including leaves related to military service, elections, collective bargaining agreements (CBAs), and more.

Legal Framework: CLT and Beyond

Brazilian labor law provides multiple layers of leave entitlements. The CLT regulates most paid leave types, while other legal frameworks—such as the Election Law, Military Service Law, and Strike Law—define additional leave rights. Employees can also gain further leave benefits through collective bargaining agreements (CBAs) negotiated by labor unions.

To ensure compliance, employers must consider:

CLT regulations on paid and unpaid leave.
CBAs that may expand standard leave rights.
Sector-specific legislation providing unique leave benefits.

Paid Special Leave Under Brazilian Law

Maternity Leave (Licença-Maternidade)

Duration: 120 days (extendable to 180 days for companies in the “Empresa Cidadã” program).
Eligibility: All female employees, including those adopting a child.
Who Pays? Social Security (INSS).

Maternity leave in Brazil offers one of the most comprehensive protections for working mothers. Employers cannot terminate pregnant employees from the moment of pregnancy confirmation until five months after birth. Some companies also provide additional support, such as flexible return-to-work policies.

Paternity Leave (Licença-Paternidade)

Duration: 5 days (extendable to 20 days for companies in the “Empresa Cidadã” program).
Eligibility: Fathers, legal guardians, or adoptive parents.
Who Pays? Employer (mandatory by law).

Although paternity leave is relatively short compared to global standards, some CBAs extend this period. Companies can also introduce additional benefits, such as flexible schedules for new fathers.

Bereavement Leave (Licença-Nojo)

Duration: Up to 2 days.
Eligibility: Granted in case of the death of a parent, spouse, child, sibling, or dependent.
Who Pays? Employer.

Many collective agreements extend bereavement leave beyond two days, particularly in sectors with strong union influence.

Marriage Leave (Licença-Casamento)

Duration: 3 days.
Eligibility: Employees who get married.
Who Pays? Employer.

Employers must honor this leave, but some CBAs provide extended time off.

Blood Donation Leave

Duration: 1 day per year.
Eligibility: Employees who donate blood voluntarily.
Who Pays? Employer.

The employee must prove their donation through medical documentation.

Electoral Registration & Voting Leave

Duration: 2 non-consecutive days.
Eligibility: Employees registering to vote or updating voter status.
Who Pays? Employer.

Brazil enforces mandatory voting, so employees must have time off to fulfill their civic duties.

Judicial & Jury Duty Leave

Duration: As required by the court.
Eligibility: Employees summoned as witnesses, jurors, or court-mandated participants.
Who Pays? Employer (unless otherwise stated by law).

Employees must provide official court documentation to validate their absence.

Unpaid Special Leave in Brazil

Military Service Leave

Eligibility: Employees required to serve in the Brazilian military.
Who Pays? No salary is paid, but employment is protected.

Upon returning from service, the employee must be reinstated into their previous job.

Educational Leave (Licença para Estudo)

Duration: Varies based on employer policy or CBA.
Eligibility: Employees attending professional courses or university.
Who Pays? Typically unpaid unless covered by a CBA.

Some CBAs provide paid leave for exams or employer-sponsored education.

Extended Parental Leave (Licença Parental Estendida)

Duration: Up to 6 months (if negotiated).
Eligibility: Fathers or secondary caregivers.
Who Pays? Typically unpaid unless included in a CBA.

This leave is not legally required but may be negotiated in CBAs.

Special Leave for Union Representatives & Strikes

Union Representation Leave

Duration: Indefinite (depends on CBA).
Eligibility: Elected union representatives.
Who Pays? Employers do not pay salaries, but job security is guaranteed.

Union leaders may temporarily leave their jobs while representing workers.

Strike-Related Leave

Duration: Varies by strike length.
Eligibility: Employees participating in legally recognized strikes.
Who Pays? No salary is paid unless agreed upon.

Brazilian law allows employees to participate in strikes, but employers may deduct wages for strike days.

How to Check Collective Agreements for Special Leave

Employees and employers should verify additional leave entitlements in CBAs. You can check the details using the Ministry of Labor (MTE) website:

Find the CNPJ of the employee’s union.
Visit the MTE Negotiation System
Click “Consultar – Instrumentos Coletivos Registrados”.
Enter the union’s CNPJ.
Select “Convenção Coletiva” under “Instrumento Coletivo”.
Choose the relevant timeframe.
Select the city/state of the job.
Click Search.

Employers should regularly review CBAs to ensure compliance with sector-specific agreements.

Conclusion

Brazil offers comprehensive special leave entitlements to protect employees’ rights while balancing business operations. Employers must stay updated on labor laws and CBAs to ensure compliance.

For a broader discussion on vacation, paid time off (PTO), and national holidays, check out our full guide: Holidays & Leave Entitlement in Brazil.

Understanding these policies helps businesses maintain a compliant, supportive, and engaged workforce.