The rapporteur of the bill that regulates paternity leave, federal deputy Pedro Campos (PSB-PE), reached an agreement with the government and presented an opinion with changes to the text. The proposal, obtained by newspapers The Globe e Folha de S.Paulois a gradual increase in the license period until it reaches 30 days, and no longer the 60 initially proposed.
Initially, the project provided for the expansion of the current five days of leave to 30 days in the first two years, starting in 2027. Then, it would be 45 days in the third and fourth years and 60 days from the fifth year onwards.
Now, the report predicts a more gradual increase, with an increase of five days each year. Thus, there would be 10 days in 2027, 15 days in 2028, 20 days in 2029, 25 days in 2030 and 30 days from 2031 onwards.
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The text was authored by deputy Tabata Amaral (PSB-SP) and had an urgent request, authored by the government leader in the Chamber, José Guimarães (PT-CE), approved in July by the House. As a matter of urgency, the text is ready to be voted on directly in plenary, without going through committees.
Despite its accelerated processing, there is still no agreement on a definition of when the project will be put to a vote. The president of the Chamber, Hugo Motta (Republicanos-PB), signaled to allies that the text still needs to be better debated and that there is resistance due to the fiscal impact of the initiative. The project is not included in the week’s voting forecast.
According to the report, the forecast is that there will be a fiscal impact of R$4.34 billion in 2027, R$6.18 billion in 2028, R$8 billion in 2029, R$9.86 billion in 2030 and a permanent and mandatory annual expenditure of R$11.87 billion from 2031 onwards.
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According to an investigation carried out by Folha de S. Paulo, the expense calculation could be changed if there was any change in the current policy of increasing the minimum wage, which corrects the floor for the accumulated inflation of the previous year and the increase in GDP recorded two years earlier, with a maximum limit of 2.5%
If the minimum wage were adjusted only for inflation, the values would fall to: R$2.4 billion in 2027, R$3.4 billion in 2028, R$4.5 billion in 2029, R$5.6 billion in 2023, and finally, R$6.9 billion from 2031 onwards.
The newspaper also stated that the text does not have a new source of funding. The government tried to tie up the cost in the approval of Provisional Measure 1,303, which was overturned last Wednesday (8).
Today there is no specific law that regulates paternity leave. The current rule is applied based on a transitional provision in the 1988 Constitution, which defines a period of five days, but which also asks Congress to regulate the granting of the benefit.
In 2023, the Federal Supreme Court (STF) decided that Congress had until July this year to regulate the license, but the Legislative Branch has not yet approved a law on the subject.
Split license and stability
Pedro Campos’ text, which should be filed in the Chamber’s system in the coming days, also defines that the license can be divided, with the first period being at least half of the total and the rest being able to be applied 180 days later.
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The rapporteur maintained the section of the project that defines the employee’s stability, preventing dismissal, for up to 30 days after the end of the leave. Another measure maintained is a 120-day leave for the father if the child’s mother dies.
According to the text, the benefit will be paid by the National Social Security Institute (INSS), in the same model in which maternity leave is made possible. In other words, companies pay the salary during the leave and offset the cost in the worker’s Social Security contributions.
(with O Globo and Folha de S.Paulo)
