The plenary of the STF (Supreme Federal Court) recognized this Thursday (30) equal right to maternity and paternity leaveincluding adopting parents, solo and temporary public and military service employees.
The case was reported by Minister Nunes Marques, who made adjustments to the vote given in the virtual plenary session to have a more consensual collegiate decision in an in-person trial. Flávio Dino had opened a disagreement and was included in the new version.
The action was filed by the PGR (Attorney General’s Office) against two state laws in Santa Catarina. The rules regulate the granting of benefits to civil and military public servants.
The Court has already judged similar cases, such as in cases related to the states of Roraima, Paraná, Alagoas, Amapá, Minas Gerais and Rio de Janeiro.
The understanding in these cases was favorable to the rights of mothers, fathers and children, in order to overturn restrictive license rules.
According to the decision, the right to maternity leave will also be extended to solo parents, regardless of employment in the public sector. When the mother is on leave, the father will have the right to 15 days away from work.
The period of leave must begin counting from the date of hospital discharge of the newborn or mother, whichever occurs last prevails.
