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New Proposal Provides for Gradual Increase of Paternity Leave, Starting with 10 Days in 2027 and Reaching 30 Days in 2031, with Expenses Covered by Social Security
The paternity leave in Brazil is set to undergo one of the largest transformations since its inception. The federal government, leaders from the Chamber of Deputies, the female caucus, and the project’s rapporteur, Deputy Pedro Campos (PSB-PE), have reached a deal to gradually increase the benefit, reaching up to 30 days of paid leave by 2031.
The text establishes that the cost will be borne by Social Security, relieving businesses of the burden and reducing resistance from the private sector. The expansion aims to adapt Brazilian legislation to the decision of the Supreme Federal Court (STF), which mandated the need to regulate the constitutional right to the father’s presence in the first days of the child’s life.
Gradual Increase Until 2031 and Billion-Dollar Fiscal Impact
The project stipulates that paternity leave will increase to 10 days starting in 2027, rising five days per year until it reaches 30 days in 2031.
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Currently, the law guarantees only five consecutive days of paid leave.
According to estimates from the Chamber of Deputies’ consultancy, the financial impact will be R$ 4.3 billion in 2027, potentially reaching R$ 12 billion in 2031, once the program is fully implemented.
Pedro Campos stated that the cost is considered “reasonable within the Union’s budget and compatible with the fiscal framework,” especially as it is linked to Social Security’s budget and not to businesses’ payroll.
If the minimum wage adjustment is maintained only by inflation, and not by GDP growth, the total impact may be lower, reducing the projected expenditure to R$ 6.9 billion in 2031.
Proposal Aims to Balance Social Rights and Fiscal Responsibility
The rapporteur explained that the goal was to create a text capable of ensuring social progress without compromising fiscal balance.
According to Campos, the staggered format “allows for budgetary adaptation and avoids a rupture with the productive sector.”
The original proposal, advocated by the female caucus, called for a leave of 60 days over five years, but the estimated cost of R$ 118 billion in a decade made political consensus unfeasible.
The new, more gradual format was considered the possible solution within the negotiations with the government and party leaders.
Leave Can Be Split and Extended in Special Cases
The text provides that parents can split the leave period into two parts, using half right after the birth or adoption and the rest until 180 days later.
The proposal also ensures job stability for 30 days after returning to work.
In cases of the mother’s passing, the father will be entitled to 120 days of full leave.
If there is hospitalization of the mother or the baby, the timeframe will be automatically extended.
Judges may suspend the benefit in proven cases of domestic violence or material abandonment.
International Comparison and Expected Social Effects
With the expansion, Brazil will come closer to European countries such as Portugal, Norway, and France, which already have parental leaves more balanced between men and women.
The measure also meets recommendations from the International Labour Organization (ILO) regarding gender equality and strengthening family structures.
Studies cited during the processing indicate that the father’s presence in the early life of a child reduces the risks of maternal postpartum depression, improves emotional bonding, and promotes a greater balance in household tasks.
For the rapporteur, “having a present father should be a right, not a privilege,” and society needs to move towards a fair division of childcare responsibilities.
Political Support and Approval Prospects
The proposal enjoys multipartisan support, including figures such as Tabata Amaral (PSB-SP), Benedita da Silva (PT-RJ), and Damares Alves (Republicans-DF), who lead the Parliamentary Front for Paternity Leave.
According to Tabata, the regulation “brings equality of opportunities and improves the family and corporate environment.”
The expectation is that the project will be put up for a vote in the coming weeks, taking advantage of the symbolism of Children’s Day to increase social engagement around the issue.
The measure is also seen as a step forward in the agenda of balancing work and parental care, bringing Brazil closer to more modern standards of family policies.
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