Martinelli Updates

Brazil Expands Paternity Leave and Parental Protections

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Federal Law 15,371/2026 significantly expands paternity rights in Brazil by establishing a statutory paternity benefit under the country’s social security system and gradually increasing paternity leave from five days to 20 days by 2029. The law also reflects a shift in Brazilian labor policy toward treating fathers as active participants in childcare and early childhood development. In addition, the law:

  • grants employees job-protected status for 30 days after they return to work
  • allows paternity leave to be extended in specific cases, including hospitalization of the mother or newborn
  • permits employees to combine paternity leave with vacation, subject to applicable legal requirements

The policy shift extends to adoption, court-ordered custody, and children with disabilities, with the leave period increased by one third in those cases. The measure also recognizes the direct impact that meaningful parental involvement can have on a child’s physical and psychological well-being.

In exceptional cases, including the mother’s death or single-parent adoption, the father or legal guardian is entitled to the full leave period that would otherwise apply as maternity leave. This rule underscores the law’s protective and inclusive approach to family care.

For employers, the law will require a review of internal policies, HR practices, and labor and social security compliance procedures. It also gives companies a further reason to strengthen parenthood policies as part of broader ESG, employee well-being, and talent retention strategies.

Companies enrolled in the Citizen Company Program may grant an additional extension of paternity leave supported by tax incentives. Termination without cause is also prohibited during the protected period, reinforcing the law’s broader goal of balancing business continuity, workforce investment, and stronger family relationships.

Glossary:

Federal Law 15,371/2026: A Brazilian federal statute that expands paternity leave rights and creates new employment and social security protections related to fatherhood and parental care.

Statutory paternity benefit: A benefit created by law and paid through the social security system to support eligible workers during paternity leave.

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