New Law Gradually Expands Paternity Leave – In effect on January 2027

In brief

On March 31, 2026, Brazil enacted Law No. 15,371/2026, which significantly reforms the paternity leave framework. The new law gradually extends the duration of paternity leave, creates the paternity allowance (salário-paternidade) within the social security system, and introduces relevant amendments to the Brazilian Labor Code (CLT) and social security legislation.

The law enters into force on January 1, 2027, with progressive increases in the duration of paternity leave until it reaches 20 days, subject to certain fiscal conditions.

In more detail

Progressive extension of paternity leave

As of its effective date, paternity leave and the corresponding paternity allowance will have the following total duration:

• 10 days as of January 1, 2027;
• 15 days as of January 1, 2028;
• 20 days as of January 1, 2029, subject to compliance with fiscal targets set forth in the Brazilian budget guidelines law.

In cases involving the birth or adoption of a child or teenage with a disability, the total leave period will be increased by one‑third.

Scope of application

Paternity leave will be granted in cases of birth of a child, adoption or judicial custody for adoption purposes, including situations involving preterm birth, death of the mother, or single‑parent adoption by the father.

In specific circumstances, paternity leave may be equivalent to maternity leave, including its duration and job protection.

During the leave period, employee must refrain from any paid activity and dedicate time to childcare and family bonding.

Job protection

The law prohibits termination without cause from the beginning of the paternity leave until one month after its end. If termination occurs after the employee has notified the employer of the expected leave period but before its commencement, employer will be required to pay double compensation corresponding to the protected period.

Creation of the paternity allowance

Law No. 15,371/2026 establishes the paternity allowance, a social security benefit ensuring full remuneration during paternity leave.

• For employees and casual workers, the allowance will be paid by the employer, with a right to reimbursement from Social Security, including for micro and small‑sized companies.
• For domestic workers, self‑employed individuals, optional contributors, special insured individuals, and unemployed insured individuals, the benefit will be paid directly by the National Social Security Institute (INSS), in accordance with statutory calculation rules.

The law expressly allows for the simultaneous payment of maternity and paternity allowances related to the same birth, adoption or judicial custody event.