Employee Wins Court Ruling to Work 20 Hours a Week to Care for Grandson With Autism

Written by Fabio Lucas Carvalho

Published on 22/01/2026 at 00:52

Updated on 30/01/2026 at 13:43

Juiz reduz jornada para 20 horas sem corte salarial e fixa multa diária em caso de descumprimento para avó cuidar de neto com autismo.

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Preliminary Decision of the 1st Labor Court of Boa Vista Reduced the Weekly Hours from 40 to 20 Hours Without Salary Cut, Established Daily Fines of R$ 1,000 for Non-Compliance, and Recognized the Grandmother’s Right to Accompany Her Seven-Year-Old Autistic Grandson’s Treatment

Judge Gleydson Ney Silva da Rocha of the 1st Labor Court of Boa Vista granted a preliminary injunction reducing the working hours of an employee from the Regional Labor Superintendence of Roraima to 20 hours per week, without a salary reduction, to accompany her grandson’s treatment for autism.

Reduction of Hours and Imposed Conditions

The decision determined the reduction of the work hours from 40 to 20 hours per week, without the need for hour compensation and without a decrease in remuneration. The magistrate also established a daily fine of R$ 1,000 in case of non-compliance.

The fine should be allocated in favor of the employee until there is a final decision in the process. The measure was adopted as a preliminary decision, considering the urgency presented in the request.

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Administrative Request and Denial by the Public Entity

In the action, the worker stated that she obtained custody of her seven-year-old grandson after the child’s mother passed away. Given the autism diagnosis, she administratively requested the reduction of hours.

The public institution rejected the request on the grounds that the employee has a contract governed by the CLT and completes a weekly workload of 40 hours, thus excluding the application of statutory regime norms.

Constitutional and Infraconstitutional Basis

The judge understood that the denial violated constitutional principles, especially the dignity of the human person. According to the decision, the right is supported by Article 227 of the Federal Constitution and by the Statute of the Child and Adolescent.

The magistrate highlighted that, in the public sector, the reduction is already provided for in Law 8.112/1990, Article 98, Paragraph 3, and cited the understanding of the Superior Labor Court in Tema 138.

Specific Laws and Understanding of the TST

The decision also mentioned the Statute for Persons with Disabilities, Law 13.146/2015, Article 8, and Law 12.764/2012, which establishes the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder.

According to the TST, the public employee with a child on the autism spectrum has the right to a reduction of hours without a salary reduction and without the requirement for compensation, an understanding applied to the analyzed case.

Case 0001908-34.2025.5.11.0051.

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Employee Wins Court Ruling to Work 20 Hours a Week to Care for Grandson With Autism

Preliminary Decision of the 1st Labor Court of Boa Vista Reduced the Weekly Hours from 40 to 20 Hours Without Salary Cut, Established Daily Fines of R$ 1,000 for Non-Compliance, and Recognized the Grandmother’s Right to Accompany Her Seven-Year-Old Autistic Grandson’s Treatment

Reduction of Hours and Imposed Conditions

Administrative Request and Denial by the Public Entity

Constitutional and Infraconstitutional Basis

Specific Laws and Understanding of the TST

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Employee Wins Court Ruling to Work 20 Hours a Week to Care for Grandson With Autism

Preliminary Decision of the 1st Labor Court of Boa Vista Reduced the Weekly Hours from 40 to 20 Hours Without Salary Cut, Established Daily Fines of R$ 1,000 for Non-Compliance, and Recognized the Grandmother’s Right to Accompany Her Seven-Year-Old Autistic Grandson’s Treatment

Reduction of Hours and Imposed Conditions

Administrative Request and Denial by the Public Entity

Constitutional and Infraconstitutional Basis

Specific Laws and Understanding of the TST

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Brazil will harvest a record crop of up to 357 million tons of grains, but it does not have the capacity to store a large part of it. The storage deficit has reached the highest level in history and is equivalent to almost the entire production of Argentina.

Four times faster than the Concorde, capable of taking passengers from New York to London in less than an hour at Mach 5.5, and with an engine that switches from turbojet to ramjet mid-flight at Mach 3.5, the Hermeus Quarterhorse went from paper to its first flight in just 19 months.

Under nearly 2 kilometers of ice in Antarctica, scientists have discovered an ancient landscape sculpted by rivers up to 60 million years ago, the size of Wales, preserved as a time capsule that could help predict the advance of ice towards the ocean.

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