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New legislation gradually extends paternity leave, creates a paternity allowance, and ensures temporary job security for workers during the leave period
Law No. 15,371/2026 changes the rules on paternity leave in Brazil and establishes paternity pay, a benefit paid by Social Security during the employee’s leave.
The extension of leave will be gradual: 10 days starting January 1, 2027; 15 days starting January 1, 2028; and 20 days starting January 1, 2029. However, the expansion to 20 days will depend on meeting the fiscal target set in the Fiscal Targets Annex of the Budget Guidelines Law for the second year, in accordance with the criteria of the Fiscal Responsibility Law.
During the leave, the employment relationship is maintained, and the worker receives paternity pay. The law also prohibits arbitrary dismissal or dismissal without just cause from the start of paternity leave until one month after it ends, ensuring greater job stability during this period. The right is guaranteed to biological and adoptive fathers, as well as in cases of custody for adoption.
In cases of hospitalization of the newborn or the mother, provided there is a proven link to childbirth, the law establishes that paternity leave will be extended by a period equivalent to the hospitalization. The leave period will resume counting from the date of discharge of the mother or the newborn, whichever occurs later. When the child is born with a disability, the leave period is increased by one third.
During the leave, the father may not engage in paid work and must dedicate himself to caring for the child, under penalty of losing the benefit. The legislation also requires prior notice to the employer at least 30 days in advance, whenever possible, except in exceptional cases such as premature birth.
The benefit may also be granted to unemployed insured individuals.
The changes will come into effect on January 1, 2027, and aim to expand support for families and encourage the sharing of childcare responsibilities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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