On March 31, 2026, the President of the Republic sanctioned the law that gradually extends paternity leave in Brazil, with publication in the Official Gazette of the Union on April 1, 2026.
Since the 1988 Federal Constitution, paternity leave has been formally guaranteed, but its duration has always been only 5 (five) consecutive days, according to the Acts of Transitory Constitutional Provisions (ADCT). For decades, this period remained unchanged for most workers. Only employees linked to the Citizen Company Program could enjoy a longer period. The new law changes this scenario.
The main innovation is the gradual extension of the paid leave period: in 2026, the rule remains at five consecutive days; from January 1, 2027, it increases to ten days; in 2028, to fifteen days; And finally, in 2029, it will be extended to twenty days, this last level being conditional on meeting the fiscal targets set out in the Budget Guidelines Law.
From a social security perspective, the law creates paternity leave as a benefit funded by the INSS (National Institute of Social Security), in the same way as maternity leave.
For employees governed by the CLT (Consolidation of Labor Laws), the company advances the payment and is reimbursed by the INSS. Micro-entrepreneurs (MEI) and self-employed workers contributing to Social Security will now receive the benefit directly from the INSS, categories that previously did not have access to the leave. With this, the cost of the leave no longer falls exclusively on the employer.
The legislation also introduces other relevant innovations. At the employee’s request, the leave may be divided into two equal periods, providing greater flexibility for family planning. In cases of birth, adoption, or legal guardianship of a child or adolescent with a disability, the period will be increased by one-third, with phased implementation until the fifth year of the law’s enactment.
When the mother’s name is not on the birth certificate, or in the event of her death while receiving maternity pay, the father will be entitled to a full 120 days of leave.
Regarding job protection, the law establishes job security for the worker from the notification of pregnancy until 30 days after the end of the leave. Dismissal without just cause during this period may result in reinstatement or payment of compensation. The benefit may be denied or suspended in cases of proven domestic violence or material abandonment of the child.
In practice, companies should already be evaluating their human resources management systems and adapting internal procedures to the new regulatory scenario, especially to implement the necessary controls for reimbursement to the INSS (Brazilian National Social Security Institute). In addition to mandatory compliance with the new law, adopting this culture of greater paternal involvement can positively impact the organizational climate, talent retention, and consequently, productivity.
Implementation Schedule:
Until 12/31/2026 — 5 days (current rule, no change)
From 01/01/2027 — 10 days
From 01/01/2028 — 15 days
From 01/01/2029 — 20 days (conditional on meeting fiscal targets)
Access the full text of the law:
https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2026/lei/L15371.htm
Pedro Oliveira Moura Santos | pedro.santos@nascimentomourao.adv.br
Partner in the Strategic Labor Litigation area, specialist in Labor Law and Procedure.
Aline Rossi | aline@nascimentomourao.adv.br
Partner Coordinator of the Strategic Litigation area, specializing in Civil Procedure Law and Contracts.
