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Chamber Approves Bill Guaranteeing 5-Day Leave for Solo Mother Companion, Strengthening Support Network and Expanding Labor Rights.
The Chamber of Deputies’ Labor Committee approved a bill (5-day leave) that guarantees the solo mother the right to designate a person to accompany her, granting this representative five consecutive days of leave in cases of childbirth, adoption, or legal custody of children and adolescents.
The measure, which amends the Consolidation of Labor Laws (CLT), aims to provide legal support to workers who do not have a spouse or partner to assist in the initial care of the child.
The approved text corresponds to a substitute presented by Deputy Alfredinho (PT-SP) to Bill 5138/23, originally authored by Deputy Denise Pessôa (PT-RS).
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The bill allows the solo mother to designate someone she trusts to receive her and to assist her in the first days after the family event, a period considered critical for the child’s and the family’s adaptation.
How Does the 5-Day Leave for Solo Mother Companion Work?
To be entitled to the leave, the solo mother must provide a formal declaration confirming that she has no one to assist her.
The person designated as companion must notify the employer at least 30 days in advance, attaching the mother’s declaration and proof of the event, whether it be a medical certificate or adoption record.
In emergency cases, such as premature birth or immediate legal custody, notification to the employer can be made by phone or message.
Subsequently, the formal documentation must be submitted, ensuring that the benefit is granted without disrupting the company’s planning.
Requirements and Legal Security
The bill’s rapporteur highlighted that the requirements follow the logic of maternity leave. “The goal is to provide legal security for both the employee and the employer,” stated Alfredinho, emphasizing that the formality prevents misuse of the benefit.
According to him, the measure also expands the support network for solo mothers.
Data from Datafolha indicates that 55% of Brazilian mothers are single, widowed, or divorced, revealing the need for legal mechanisms to ensure assistance in the first days of life or adaptation of the child.
Impact on Employers and Accounting
If approved, the 5-day leave will become part of the CLT, requiring companies to acknowledge the paid leave right of the companion of a solo mother.
Human resources and accounting departments will need to update internal policies, record systems, and payroll procedures.
The leave will be treated similarly to other legal leaves, such as maternity and paternity, but with the particularity of depending on the formal designation by the mother.
This ensures that only authorized workers can benefit from the leave.
Differences from Paternity Leave
The new measure does not replace paternity leave.
While this is automatic for biological or adoptive fathers, the 5-day leave applies exclusively to situations where the mother is single, widowed, or divorced, and needs to formally designate a companion.
The focus is on catering to mothers who do not have a sufficient support network, providing legal assistance in the initial days of caring for the child.
Next Legislative Steps
After approval in the Labor Committee, the bill still needs to be reviewed by the Chamber’s Constitution and Justice and Citizenship Committee (CCJ).
It will then be voted in plenary and forwarded to the Federal Senate. To become law, it requires the approval of both Legislative Houses and presidential sanction.
Meanwhile, the debate on adapting labor legislation to the reality of solo mothers continues to highlight the importance of recognizing and regulating rights that reflect contemporary family needs.
Social and Legal Impacts
The creation of the 5-day leave for solo mother companion strengthens the support network for mothers without a spouse, ensures legal protection for workers and employers, and brings labor legislation closer to the Brazilian social reality.
For accountants and HR managers, the measure represents a strategic point of attention in personnel and payroll management.
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