O Senate approved on Wednesday (4) the project that expands the right to paternity leave to 20 days and establishes paternity paywithin the scope of Social Security. The project goes to presidential sanction.
According to an estimate made during discussion in the Chamber of Deputies, the fiscal impact of the project is R$2.2 billion in 2026; R$3.2 billion in 2027 and R$4.3 billion in 2028, reaching R$5.4 billion the following year. Expenses will be covered with Social Security resourcesset out in the Annual Budget Law (LOA).
Leave will be granted to the employee, with full remuneration, for the birth of a child, adoption or legal guardianship for adoption purposes.
Currently, standard paternity leave is five consecutive days. According to the project, the license will now last 20 days, but there will be a four-year progression scheme. From the first to the second year of the law’s validity, there will be 10 days; from the second to the third year, 15 days; and from the fourth year, 20 days. The law would come into force on January 1, 2027.
The text determines that the 20-day paternity leave will only be applied in 2029, if the Fiscal Target for the 2028 financial year has been met.
The employee may combine the vacation with paternity leave if this intention is expressed 30 days before the expected date of birth or the issuance of a judicial term of custody.
Despite the increase, paternity pay continues for a shorter period than maternity pay, which lasts at least four months. During the period of leave, the employee will not be able to carry out any paid activity.
The granting of paternity pay will follow the same rules as maternity pay.which consists of an income equal to your full remuneration. In practice, the company will pay paternity pay to employees formalized under the CLT regime and will be compensated by the National Social Security Institute (INSS). For individual policyholders, self-employed people and individual micro-entrepreneurs (MEIs), the benefit will be paid directly by the INSS.
The paternity leave period may be divided into two. The first must be at least 50% of the total term and must occur immediately after the birth or obtaining custody. The remainder must begin to be fulfilled within 180 days. The project also provides for temporary stability from communication to the employer until one month after the end of the leave, with the aim of preventing retaliation.
*With information from Estadão Conteúdo
