Parental leave in Brazil: all you need to know
Want to onboard an employee in Brazil or Mexico today?
If you’re hiring employees based in Brazil, you should know what they are legally entitled to when they become parents. And, if you’re in HR, you know that a benefit like parental leave is essential for bringing in new employees. Parental leave policies vary among most Latin American countries so let’s discover how does the Brazilian parental leave policy works !
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The basic of parental leave
Parental leave in Brazil is paid time off work for new parents. This leave allows mothers or first carrier to recover from childbirth. It also gives both parents time to bond with their children and get used to life with a new family member.
Not only do biological parents qualify for parental leave, but this benefit is also extended to cover adoptive and foster parents. Adoptive and qualified foster parents can take time off work to help their child settle into their new home.
In Latin America, leave policies are quite different from a country to another. Check it out ⬇️
Parental leaVe policies in America Latina
Paternity leave
Who is eligible for paternity leave?
According to the Consolidation of Labor Laws (CLT), paternity leave ensures a paid leave to the father, from 5 to 20 days after the birth or adoption of the child.
How long is paternity leave in Brazil?
Ordinary paternity leave is 5 days. It could be increased by 15 days if the company is part of the Empresa Cidadã Program.
A frequent question, when it comes to paternity leave, is whether working days or calendar days are considered. Although weekends are counted in the period from 5 to 20 days of leave, the count can only start from a working day, so if the child arrives on Saturday, for example, the count starts only on Monday.
How does it works?
Paternity leave of 5 days is automatic and ensured by the CLT as one of the rights of the worker. Paternity leave can start after the presentation of the child’s birth or adoption certificate to the company’s HR department.
The extension period can be requested within 2 working days after the child’s arrival, upon submission of documents proving the birth or adoption. However, the benefit is only available to those registered in the Empresa Cidadã Program.
Maternity leave
Who is eligible for maternity leave?
Maternity leave is a period of paid leave granted by Brazilian law. It entitles eligible mothers and other primary carers with funds to compensate for the drop in income when they take time off to care for their child. In short, it is a benefit paid to employed women who have just had a child, either through childbirth or adoption.
You qualify for maternity leave if:
- You are an employee, hired under the CLT scheme.
- If you contribute to the INSS through the Individual microentrepreneur (MEI) regime
- If you are unemployed and have contributed up to 5 months before delivery.
How long is maternity leave in Brazil?
Ordinary maternity leave is as per below:
- 120 days in the case of childbirth;
- 120 days in the case of adoption of a minor or legal custody for adoption purposes;
- 120 days in the case of stillbirth.
- 14 days in the case of miscarriage or abortion.
The earliest an employee can start a maternity leave is usually 28 days before the due date. Unless specified by your employer, the employee can continue working right up until the due date.
The maternity leave may be extended to 180 days if the company is part of the Empresa Cidadã Program.
How does it works ?
Statutory Maternity Pay is the legal minimum the employer normally has to pay while the employee is on maternity leave. The amount of maternity pay cannot be less than the minimum wage, but there is no average amount for maternity pay. The total amount will depend on the situation and the employee’s profile:
- For eligible mothers and other primary carers hired under the CLT scheme, the amount of maternity pay is equivalent to their salary. For instance, if the employee receives a monthly gross salary of R$1,200.00, the maternity pay will be of R$ 1.200,00 per month during the total maternity leave period.
- When the employee has variable remuneration/commissioning, the maternity pay will be equal to the average of the total amount received in the last 6 (six) months;
Rights during maternity leave
While you’re on maternity leave, you’ll still be entitled to all the employee rights you normally get from work – for example:
- paid holiday
- protection from unfair dismissal
- pension payments and rights during your period of Statutory Maternity Pay payment
- any other employee benefits – for example, gym membership and medical insurance – for your whole maternity leave period.
Such rights are ensured by Joint Ordinance No. 28/2021 of the National Social Security Institute (INSS).
How to request maternity leave?
CLT employees must ask the HR department of the company where they work for maternity leave, and this department will be responsible for notifying the INSS of the request.
What about the pregnant employee?
It is the employee’s responsibility to inform the company of the pregnancy and to present proof of her appointments and examinations during this period. It is also her responsibility to comply with the agreed schedules and to apply for maternity leave from the 28th day before the birth of the child.
Adoption leave
According to the Decree no 5.452, both parents are entitled to the same statutory leave as described under maternity leave and paternity leave.
However, the maternity leave is limited as followed:
- If the adopted child is younger than 1 year of age, the maternity leave is limited to 120 days.
- When the adopted child is older than 1 year of age and younger than 4 years of age, the maternity leave is limited to 60 days.
- If the adopted child is older than 4 years of age and younger than 8 years of age, the maternity leave is limited to 30 days.
FAQ
Under current law, among male same-sex couples, only one of them can take leave with the same rights as maternity leave. In this case, from 120 to 180 days. The other member of the couple would have paternity leave of 5 to 20 days.
In the case of female couples, the rule is the same. But only one of them can take the leave. In short: only one of the parties can be entitled to the long leave. However, specific cases can be discussed in court.
According to the decision of the Federal Supreme Court (STF), solo parents are entitled to 180 days leave.
Transgender men who decide to become pregnant have all the rights related to maternity leave. In this case, it includes leave of 120 to 150 days (if the company follow the Empresa Cidadã program), full pay, time off and flexible hours for medical appointments.
Mothers who have suffered a miscarriage or stillbirth are also entitled to maternity leave, which is 14 days in the case of miscarriage.
Male employees can take leave in the event of a stillbirth for a period of between 5 and 20 days, depending on the framework of the legislation, the Constitution or the Empresa Cidadã program.
Manage parental leave with Europortage
Managing parental leave is complex especially when it comes to compliance. That’s why we recommend working with a direct and local partner like Europortage.
Our team of local experts is on hand to support you throughout the entire employee lifecycle, including time-off management. We can give you clear advice on business incorporation and global hiring, in addition to handling employment contracts, payroll, and benefits. That way, you can focus on growing a world-class team and business.
Get in touch to find out more and start hiring top talent in Brazil and Mexico!
