Yesterday, Law No. 15,731, of March 31, 2026, was enacted, amending labor legislation to regulate and extend paternity leave in Brazil.
Below are the main changes introduced by the new law, which will come into effect on January 1, 2027:
• Extension of paternity leave: paternity leave, which currently stands at 5 days (extendable to 20 days for companies participating in the Empresa Cidadã Program), will be progressively extended over the initial years following the law’s entry into force, as follows:
o 10 days starting in 2027;
o 15 days starting in 2028;
o 20 days starting in 2029.
• Paternity pay: the new law establishes paternity pay, ensuring the employee’s remuneration during the leave period. The employer may seek reimbursement of the amounts paid through the Social Security system, in a manner analogous to the existing framework for maternity pay. The benefit amount varies according to the worker’s profile: (i) for employees, full remuneration is guaranteed; (ii) for self-employed workers and individual micro-entrepreneurs (MEIs), the amount is calculated on the basis of their contributions; and (iii) for special insured persons, the amount corresponds to one minimum wage.
• Expansion of leave eligibility: the law broadens the circumstances under which leave may be granted, extending coverage beyond the birth of a child to include adoption and judicial custody.
• Employment protection: the new law prohibits arbitrary dismissal or dismissal without cause from the commencement of paternity leave until one month after its conclusion. It further provides for compensation in the event of a dismissal that prevents or frustrates the enjoyment of the benefit.
• Effective use of leave and participation in childcare: the law provides that, during the leave period, the employee may not engage in paid work and must participate in the care of the child. The benefit may be suspended in specific situations, such as upon evidence of domestic violence or abandonment.
• Conversion to maternity leave in the event of the mother’s death: in such event, the partner shall be entitled to maternity leave of 120 days (extendable to 180 days for companies participating in the Empresa Cidadã Program).
Overall, the new law reinforces the social nature of paternity leave, aligning with public policies that encourage active parenting and shared caregiving. The legislation aims to increase fathers’ participation in early childcare and promote a more balanced distribution of family responsibilities.
The legislative change requires a review of internal policies and procedures related to payroll and leave management, particularly in light of the phased implementation of the extended leave period over the coming years.
Our teams remain available to address any questions and to assist in the implementation of the necessary measures.