The proposal that expands paternity leave in Brazil may soon be voted on in the plenary of the Chamber of Deputies, according to the rapporteur of the matter, deputy Pedro Campos (PSB-PE). According to him, the bill covers not only workers with a formal contract, but also self-employed people who contribute to Social Security.
Having been at a standstill for almost two decades in Congress, the text has gained new momentum and is moving forward on an urgent basis, driven by social sensitivity regarding the division of tasks and a recent decision by the Federal Supreme Court (STF) that highlighted the Legislative’s omission on the issue.
— The time has come, in fact it is past time for us to create the law on paternity leave. It is absurd that in Brazil paternity leave is shorter than Carnival — says the rapporteur.
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The main proposal, consolidated in a new text, establishes a progressive increase in the benefit, starting from the current five days to up to 30 days over five years.
If approved, the law will come into force on January 1, 2027, starting with a 10-day license in the first year, 15 in the second, 20 in the third, 25 in the fourth, and reaching 30 days starting in the fifth year.
How will it work?
To guarantee full remuneration during leave, the project creates the figure of “paternity salary”, which will be paid for by the General Social Security Regime (RGPS). In practice, for workers with a formal contract, the company will pay the salary, which will then be offset in tax collection.
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For self-employed workers who contribute to the INSS (such as MEIs or individual taxpayers), the benefit will be paid directly by Social Security.
— If there is a contribution to social security that is made directly by the worker, if he has a MEI and contributes, he will be included in this — explained Campos.
The project also guarantees job stability, prohibiting unfair dismissal from notification to the employer until one month after the end of the leave. Another innovation is flexibility: the father will be able to divide the period, taking part immediately after birth and the rest within 180 days.
— The objective is for the father and mother to be able, by mutual agreement, to see the best way to divide this care work — said the rapporteur.
Social impact
For Pedro Campos, the project has the potential to combat two major injustices: the female overload in care work and gender inequality in the job market.
— The closer the paternity and maternity leave periods are, it is logical that this generates a tendency towards greater equality in the world of work — he argues, remembering that questions about plans to have children are asked almost exclusively to women in job interviews.
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The rapporteur also cites studies that show that paternal presence in the first days of life, a period in which the hormone oxytocin strengthens bonds, reduces rates of paternal abandonment and divorce in the future.
— Strengthening families is strengthening society — he argues.
Tax issue
The budgetary impact of the measure is estimated at R$4.34 billion in the first year (2027), reaching R$8 billion in 2029. According to Campos, the cost will be absorbed within the Social Security budget, without harming the fiscal framework. “
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— The project is being approved, making it clear that it will be implemented in accordance with the Fiscal Responsibility Law — he stated, explaining that the government will have 2026 to plan the necessary changes.
Politically, Campos points out that the text has broad support, especially from the women’s bench.
— This is not an issue that is divided between left and right. It is an issue that today has much greater sensitivity and support from women, regardless of the political spectrum — said Campos, citing the support of female deputies from parties such as PP, PSB, PSOL, PT, PSD and PL.
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The federal government, through political articulation, has supported the initiative.
— Politically, there is this commitment. From a fiscal point of view, what we are looking for is to dialogue with the government to be able to accurately calculate the cost of this and guarantee that this cost will be duly compensated — explained the rapporteur.
The expectation is that the president of the Chamber, Hugo Motta (Republicanos-PB), will discuss the topic at the next meeting of leaders and put the matter up for voting at the beginning of November.
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— It’s up to him (Hugo Motta) to define this exact moment. I believe that we are getting closer every day to seeing this law approved — concluded Campos.
Who will be entitled
The project provides that the following are entitled to the license:
Formal workers, employed in private or public companies;
Self-employed workers who contribute to Social Security, including MEIs;
Parents of children born or adopted, with rules equivalent to maternity leave.
How will the license be extended?
The project establishes a gradual license increase schedule:
First step: 10 days
Second step: 15 days
Third step: 20 days, aligned with the Citizen Company program
Last step: 30 days
