Holidays & Leave Entitlement in Brazil
In Brazil, all employees are entitled to paid leave, accumulating 2.5 days for each month worked, reaching up to 30 days of leave after a full year of service. In addition to paid leave, employees are also entitled to national holidays (8 per year) and additional state-specific holidays.
Learn more about Employee Holidays & Leave Entitlement in Brazil ⬇️
2.5 days per month => 30 days per year + 8 public holidays + state holidays.
Holidays & Leave entitlement in Brazil
In Brazil, all employees are entitled to annual paid leave after completing 12 months of continuous employment with the same employer. The standard leave entitlement is 30 calendar days of paid vacation per year. This leave also includes an additional vacation bonus, which is a mandatory payment to employees on top of their regular salary.
Eligibility for Annual Leave
All employees in Brazil are entitled to paid annual leave after 12 months of continuous employment. It includes:
- full-time and part-time employees
- individual only with a CLT contract (Employee status)
- regardless of their seniority, employment qualifications, nature of compensation, and working hours.
The part-time employee has the same rights as the full-time employee.
This leave entitlement is governed by the Consolidation of Labor Laws (CLT), Article 129, which states:
“Every employee is entitled to an annual paid vacation period, after each 12 months of service for the same employer.”
Vacation Bonus (1/3 Additional Salary)
In Brazil, employers must pay an additional bonus equivalent to one-third of the employee’s salary during the vacation period:
This bonus ensures that employees are financially compensated for their time off.
Accrual Period and Rate
Accrual Rate
Employees in Brazil accumulate vacation days at a rate of 2.5 days for each month worked, up to a maximum of 30 days for a full year of service.
Accrual Period
According to Article 130 of the CLT, employees accrue their annual leave entitlement after 12 months of continuous employment (periodo aquisitivo). The law mandates that all employees take their vacation within 12 months of completing this period of service.
For instance, if your new employee starts 02/03/2025, the acquisition period will go from 02/03/2025 to 01/03/2026 and the employee would not be able to go on holidays before 01/03/2026.
“After each 12 months of service, the employee shall have the right to a vacation period, which must be granted within the next 12 months.”
If employees take unjustified absences during the year, their holiday entitlement lowers as follows:
- 6 to 14 days of unjustified absence – 24 days of paid time off
- 15 to 23 days of unjustified absence – 18 days of paid time off
- 24 to 32 days of unjustified absence – 12 days of paid time off
- more than 32 days of unjustified absence – 0 days of paid time off
Streamline Your Expansion with EOR Services in LATAM
Expand across Latin America effortlessly with our Employer of Record (EOR) services. We handle compliance, payroll, and employee management, ensuring smooth operations while you focus on growing your business.
Taking a Holiday Leave
Process for Requesting Leave
Employees must formally request their vacation leave from their employer. However, the employer has the right to decide when the employee can take their vacation, to ensure that business operations are not disrupted.
According to Article 136 of the CLT: “The employer has the discretion to determine the time of vacation, considering the best interest of both the company and the employee.”
The employee and company must follow some important rules:
- Vacations cannot start two days before a public holiday
- The employee must be given at least 30 days’ notice before the first day of its holiday.
Vacation in Installments
Under Article 134 of the CLT, employees can split their vacation leave into up to three installments. However, one of these installments must be at least 14 consecutive days. The remaining days can be taken in periods of no less than 5 days each.
Holiday Payment
Holiday leave in Brazil is paid by an employer. During the holiday leave, employees don’t receive their usual salary (their employment contract is suspended). Instead, they receive a holiday allowance.
Employers must pay employees their vacation pay at least two days before the vacation starts.
According to Article 145 of the CLT: “The payment corresponding to the period of vacation shall be made at least two days before the employee leaves.”
This payment includes the full salary for the vacation period, plus the 33.33% vacation bonus.
Carrying Over and Selling Annual Leave
Carrying Over Vacation Days
Brazilian labor laws require employees to take their vacation within 12 months after becoming entitled. If the employer fails to grant the vacation within this timeframe, Article 137 of the CLT states that the employer must pay double the amount of the employee’s vacation pay.
Selling Annual Leave
Employees have the option to sell up to one-third of their vacation days back to their employer. This allows employees to convert up to 10 of their 30 vacation days into extra income.
To sell their annual leave, employees should contact their company’s HR department and make a written request no later than 15 days 15 days before he completes 12 months with the company.
In this case, the company cannot refuse the employee’s request.
Payment of Accrued, Unused Vacation on Termination
If an employee’s contract is terminated, they are entitled to payment for any accrued but unused vacation, as well as the proportional vacation bonus.
Public Holidays in Brazil
Brazil observes 8 national public holidays, along with several regional and state-specific holidays. Regional public holidays differs from a state to another.
Employees are entitled to paid time off on these holidays. According to Brazilian labor law, if an employee works on a public holiday, they are entitled to double pay, unless a compensatory day off is provided. When a holiday falls on a weekend, it doesn’t carry over to the next working day.
- New Year’s Day (Ano Novo) – January 1
- Carnival (Carnaval) – Variable date (February/March; Monday and Tuesday before Ash Wednesday) *
- Good Friday (Sexta-feira Santa) – Variable date (Friday before Easter) *
- Tiradentes’ Day (Dia de Tiradentes) – April 21
- Labor Day (Dia do Trabalho) – May 1
- Corpus Christi – Variable date (June; 60 days after Easter) *
- Independence Day (Dia da Independência) – September 7
- Our Lady of Aparecida (Nossa Senhora Aparecida, Padroeira do Brasil) – October 12
- All Souls’ Day (Dia de Finados) – November 2
- Republic Proclamation Day (Proclamação da República) – November 15
- Christmas Day (Natal) – December 25 **
*Carnaval, Good Friday, and Corpus Christi are optional holidays (Ponto facultativos). Carnaval is a mandatory holiday in Rio de Janeiro, and Corpus Christi is a mandatory holiday in São Paulo.
**Most companies observe Christmas Eve and New Year’s Eve starting at 2 p.m. on the day of the holiday.
Sick Leave in Brazil
To qualify for sick leave, employees must provide a medical certificate specifying the length of absence required.
For the first 15 days of sick leave, employers are required to pay the employee’s full salary. From the 16th day onward, the Brazilian Social Security (INSS) takes over, providing compensation up to R$7,507.49 (as of 2023). However, some collective bargaining agreements (CBAs) may require the employer to cover the difference if the INSS payment is lower than the employee’s normal salary.
Key Rules for Sick Leave in Brazil:
- Employees are only eligible for INSS compensation after working for one year with the same employer.
- An employee who receives INSS compensation is protected from dismissal for 12 months after returning to work.
- It is the employee’s responsibility to apply for INSS compensation after the 15th day of absence.
For more detailed information, check out our article on Sick Leave in Brazil.
Parental Leave in Brazil
Brazilian employees are entitled to parental leave, including 120 days of paid maternity leave and 5 days of paid paternity leave. Some companies offer extended parental leave through special government programs. For more details, check out our guide on Parental Leave in Brazil.
Other leaves in Brazil
In addition to vacation leave, employees in Brazil are entitled to various other types of leave, such as:
Bereavement leave
In the unfortunate event of the death of a spouse, child, or direct relative such as a parent or sibling, employees receive 2 consecutive days of paid bereavement leave. This time allows them to grieve and manage family responsibilities.
Marriage leave
Employees can take 3 consecutive working days of paid leave for marriage. This ensures they have the time to celebrate and handle personal matters during this important life event.
Election leave
Employees who serve as election workers are allowed paid time off to fulfill this civic duty. This ensures they can participate in the democratic process without financial penalties or job concerns.
Blood donation
Employees in Brazil can take one paid day off every 12 months for voluntary blood donations. To justify the absence, they must obtain a certificate from the donor’s center and provide it to their employer. This encourages a socially responsible act while ensuring proper documentation.
Manage Holidays & Leave entitlement in brazil with Europortage
Navigating Employee Holidays & Leave Entitlement in Brazil can be challenging due to the complex regulations in place. Europortage offers comprehensive Employer of Record (EOR) services to help businesses stay compliant with Brazilian labor laws. We ensure that all aspects of employee leave, including vacation, public holidays, and other forms of leave, are managed correctly.
For more information on how we can assist your business, contact us today!