Paternity leave: new law provides for a gradual increase to up to 20 days

New deadlines will take effect starting in January 2027, requiring companies to adapt.

The Federal Government has enacted Law 15,371/2026, which brings changes to the operations of Brazilian companies by establishing new guidelines for paternity leave deadlines.

The law will take effect on January 1, 2027, gradually extending paternity leave from the current 5 days to up to 20 days. Here are the key points:

Duration of paternity leave

According to the rules, the duration will be as follows:

• 10 days, effective January 1, 2027
• 15 days, effective January 1, 2028
• 20 days, effective January 1, 2029

Who is eligible

Employees are entitled to paternity leave in the event of the birth of a child, adoption, or legal guardianship for the purpose of adoption, without loss of employment or wages.

Granting of the benefit requires complete withdrawal from professional activities during the leave period, and the performance of any paid work during this time is prohibited.

To manage the work schedule, the employee must notify the employer at least 30 days in advance of the expected period of absence. The law, however, provides for the possibility of early childbirth, maintaining the right to leave.

The law also provides for the suspension, termination, or denial of leave in cases of domestic violence or material abandonment, as determined by the competent authorities.

Paternity Leave Pay

The regulation establishes paternity leave pay under the Brazilian General Social Security System (RGPS), which guarantees income to the worker during the period of leave.

This payment may be made directly by the INSS (National Institute of Social Security) or by the company, with subsequent reimbursement, similar to the current practice for maternity leave pay. The amount varies depending on the type of insured person, being full for employees with a formal contract, proportional to the contribution for self-employed workers and individual micro-entrepreneurs (MEIs), and equivalent to the minimum wage for special insured individuals.

In addition, the law guarantees job security from the start of the leave until one month after its conclusion and provides for extensions in specific situations, such as hospitalization of the mother or baby, as well as special provisions in cases of adoption, maternal absence, or children with disabilities.

It is important to note that if the father adopts the child alone or obtains sole custody, he is also entitled to the full duration of maternity leave.

What changes for companies

From a labor perspective, this change requires companies' attention. The increase in the leave period directly impacts workforce planning, requiring team reorganization and, in some cases, the adoption of temporary solutions to maintain productivity.

Payroll management now requires greater attention and integration across departments, especially when the company assumes payment of paternity leave wages with subsequent reimbursement. It will be essential to ensure accurate records and precise control of information to avoid inconsistencies that could lead to labor or social security liabilities.

Moreover, the worker's provisional stability limits unfair dismissals during the leave period and up to one month after its end, requiring planning in termination decisions.

The expansion of rights and the inclusion of new worker profiles also increase the complexity of routines, requiring companies to review policies, update contracts, and reinforce compliance with systems such as eSocial

Empresa Cidadã Program

Companies participating in the Program may continue to offer an additional 15 days of paternity leave in exchange for income tax benefits. Under the new legislation, however, these additional 15 days will be added to the mandatory period established by the new law, and no longer to the five days currently guaranteed.

Labor Compliance

With a multidisciplinary team, DPC ensures that its clients efficiently meet their labor obligations, minimizing the risk of penalties. For assistance, please contact us at: dpc@dpc.com.br.