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Bill Passed by the Chamber of Deputies Proposes Transition from 5 to 20 Days and Full Compensation
This Tuesday, 11/04/2025, the Chamber of Deputies approved the bill that increases paternity leave from 5 to 20 days, with full compensation and a staggered schedule.
Additionally, the vote took place s symbolically, without individual records, and consequently, the text returns to the Senate for further consideration and final deliberation.
Gradual Expansion and Fiscal Condition
<p Thus, the bill establishes four years of transition.
In the first two years, therefore, the leave rises to 10 days.
In the third year, thus, the period advances to 15 days.
In the fourth year, finally, it reaches 20 days.
However, this final stage depends on the fulfillment of fiscal targets in the second year of validity, which therefore conditions the final expansion.
If the government fails to meet the targets, then the 20 days will only take effect two financial years after compliance, ensuring predictability.
Originally, the rapporteur Pedro Campos (PSB-PE) proposed 30 days; however, given the constraints of Social Security, lawmakers reduced the period to 20 days.
Scope, Covered Situations, and Stability
Moreover, the rule covers registered employees, temporary workers, and individual microentrepreneurs (MEI), which broadens access.
Similarly, the right covers childbirth, adoption, and legal guardianship of minors, ensuring adequate initial care.
When there is a child with a disability, then the period increases by one-third, strengthening family protection.
Additionally, the bill protects against dismissal without cause during the leave and for one month after returning, which reinforces stability.
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Rules for Same-Sex Couples and Legal Framework
According to decisions by the STF and CNJ, therefore, two women do not accumulate two maternity leave periods; thus, one of them uses the paternity leave.
In this way, the text accommodates this guideline and maintains consistency with the current institutional understanding.
Citizen Company Program and Incentives
At the same time, the bill adjusts the Citizen Company program.
Now, companies add 15 additional days from the program to the 20 days of the new rule, instead of 15 + 5 days, which therefore expands the benefit.
Consequently, companies deduct from Income Tax the expansion and thus strengthen the care policy.
Constitutional Basis and International References
There is still no set date for the new law on the expansion of paternity leave to 20 days to take effect. The bill passed by the Chamber of Deputies still needs to be approved by the Federal Senate.
Moreover, the implementation of the 20 days depends on the fulfillment of fiscal targets, which may delay the validity.
Therefore, there is currently no formal deadline published that specifies the exact date the benefit will come into effect.
Since 1988, the Constitution guarantees five days of paternity leave.
Furthermore, the ILO recommends at least 14 days, which brings Brazil closer to international standards.
Meanwhile, Spain grants 16 weeks with full pay, Iceland provides 26 weeks at 80%, and Sweden ensures 90 days per parent plus 300 shareable days.
Thus, Brazil advances, albeit gradually, towards more robust parental care standards.
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