Proposal expands maternity leave from 120 to 180 days and paternity leave from 5 to 20 days
The extension of maternity leave and paternity leave periods is being discussed in the Senate, based on proposals that are being processed in the House’s thematic committees.
Regarding paternity leave, the 1988 Constitution determines that this is the right of every worker and needs to be regulated by law — which has not yet happened. The Constitution also establishes that, as long as there is no regulation, the duration of this license will be 5 days.
Read the proposals being analyzed in the Senate below:
PEC 58/2023
The senator (Podemos-MG) is the author of the proposed amendment to the Constitution that expands maternity leave from 120 to 180 days and paternity leave from 5 to 20 days, including cases of adoption. This proposal is being processed by the Constitution, Justice and Citizenship Committee.
The rapporteur of the proposal is the senator (PDT-MA). She defends the approval of the PEC, emphasizing the proposal’s consonance with the recommendations of the WHO (World Health Organization) and also the need to guarantee equal rights for biological and adoptive parents.
Carlos Viana, speaking in the Plenary, stated that it is necessary to correct the legislative gap that, since 1988, left the right to paternity leave without adequate regulation, limiting it to just five days.
“I highlight that there is still a difference in paternity leave when it comes to public servants, established by , which adds another 15 days to the license, totaling 20 days for the public servant”, these.
PLP 167/2023
The senator (PSD-SP) is the author of , a complementary bill that expands maternity leave for mothers of newborns with disabilities: from 120 to 180 days, in addition to establishing 180 days of provisional stability for these mothers.
Mara emphasizes that caring for children with disabilities requires greater dedication from parents.
His project also established the expansion of paternity leave for parents of newborns with disabilities, but this measure was removed from the text during its analysis at the Human Rights Commission, where its rapporteur was the senator (PL-RJ).
In his opinion, Romário argues that, “due to the judgment of the Direct Action of Unconstitutionality by Omission 20, the Federal Supreme Court recognized the legislative omission of the right to paternity leave established in the Federal Constitution. Therefore, it seems to us that the matter requires full and dedicated attention in a specific standard that addresses the issue in its entirety, with its elaboration by Congress imminent”.
This project is currently being processed by the Social Affairs Committee, where it awaits the appointment of a rapporteur.
PL 3.773/2023
Authored by Senator Jorge Kajuru (PSB-GO), this is a bill that establishes the gradual expansion of paternity leave, starting with 30 days in the first two years of the rules’ validity until reaching 60 days. The text also establishes the “parenting salary”a social security benefit to be paid during the period of absence.
The text has already been approved by the Human Rights Commission in the form of a substitute (alternative text) prepared by senator Damares Alves (Republicanos-DF) and is now being analyzed by the Constitution and Justice Commission, where it awaits the appointment of rapporteur.
PL 139/2022
The is a bill that extends paternity leave to 60 working days and allows the sharing of up to 30 days of maternity leave with the father. It also establishes differentiated rules for multiple births, children with disabilities and premature births, in addition to ensuring rights for same-sex couples and adopters.
The author of the project is senator Randolfe Rodrigues (PT-AP). He states that his objective is to encourage greater paternal participation in the first months of a child’s life, promoting balance in family responsibilities and reducing the burden on the mother.
This proposal is being processed by the Social Affairs Committee and is under the rapporteur of Senator Leila Barros (PDT-DF).
PL 6.136/2023
Another initiative by Senator Carlos Viana is , a bill that proposes the sharing of maternity leave between spouses, allowing the division of up to 60 days of this period. Furthermore, the text establishes an increase in the period of maternity leave: from 120 to 180 days.
In cases of children with disabilities or special needs, maternity leave would be doubled and could be shared alternately with the spouse or partner.
This proposal is also under the rapporteurship of Leila Barros in the Social Affairs Committee.
PL 6.063/2023
Senator Paulo Paim (PT-RS) is the author of the bill that guarantees 180 days of maternity leave and 60 days of paternity leave. It also establishes the possibility of additions in cases of multiple births: for each twin, the mother would be entitled to 30 additional days, while the father would be entitled to two additional working days.
The proposal allows the father’s leave to be shared with the mother. Furthermore, in the case of same-sex couples, “the total duration of parental leave, added to both members of the couple, will be equivalent to the sum of the periods that would be granted to heterosexual couples, regardless of gender, with the possibility of sharing the periods of enjoyment between both members upon prior communication to the employer”.
This matter is being analyzed by the Human Rights Commission and is being reported by Senator Zenaide Maia (PSD-RN).
