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New Law Gives Priority For Vacations To Parents With Schoolchildren

Written by Alisson Ficher
Published on 15/07/2025 at 14:37
Updated on 15/07/2025 at 15:02
Nova lei propõe prioridade de férias para pais com filhos em idade escolar, permitindo conciliar descanso e calendário escolar. Entenda os impactos.
Nova lei propõe prioridade de férias para pais com filhos em idade escolar, permitindo conciliar descanso e calendário escolar. Entenda os impactos.
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Measure Proposes That Workers With School-Age Children Have Preference In Choosing Vacation, Stimulating More Family Time And New Routines For Companies. New Rule Amends The CLT And Awaits Final Approval.

The Labor Committee of the Chamber of Deputies approved the Bill 362/2025, establishing priority for parents with school-age children in choosing their vacation period.

The proposal amends the Consolidation of Labor Laws (CLT) and ensures that workers with children aged 4 to 17 can, whenever possible, take vacation during the same period as their children’s school holidays, promoting greater balance between professional and family life.

The initiative, reported by Deputy Rogéria Santos (Republicanos-BA), received adjustments to ensure more clarity and feasibility in the application of the rule.

The original text was proposed by Deputy Chris Tonietto (PL-RJ) and aimed to address the growing demand from parents facing challenges in balancing professional obligations with caring for children and adolescents during school recess.

Vacation Priority For Parents May Change Routine For Workers And Companies

The approved substitute modifies Article 136 of the CLT, including the provision that employees with school-age children will have preference in choosing their vacation period.

According to the new text, priority should be granted in such a way that the vacation coincides, whenever possible, with the dependents’ school holidays, respecting the academic calendar.

This measure does not remove the employer’s prerogative to decide on the timing of vacations, but creates a legal preference to be considered in workers’ requests.

The proposal was developed based on the observation that, although the CLT allows the employer to define the vacation period according to the needs of the company, there are possibilities for negotiation that consider family needs, especially in caring for minors.

According to the rapporteur, the main goal is to ensure that parents can be the primary caregivers during the school recess without needing to resort to temporary caregivers or unpaid leave.

What Changes With The Approval Of Vacation Priority For Parents

Labor law experts explain that the priority does not represent an absolute right.

The measure establishes a guideline that can be considered in individual or collective agreements, depending on the conditions and internal organization of companies.

Luciana Reis, labor attorney, emphasizes that “the project does not obligate the employer to grant vacations exactly during the school holidays, but creates a parameter that can facilitate negotiation and avoid future conflicts.”

The new vacation priority for parents with school-age children can have significant impacts on human resource management and company organization.

In sectors that concentrate many professionals with children in this age range, it may be necessary to review vacation planning processes, adopt new internal criteria for analyzing requests, and document all requests and justifications for approval or denial to avoid questions or labor liabilities.

How Companies And HR Should Adapt

If the bill is approved in all legislative stages and converted into law, human resources departments and accounting offices will need to prepare to adapt the vacation calendar of employees.

It will be necessary to formally receive priority requests accompanied by proof of children’s ages and the school period.

The legislation will also require that the preference be documented and substantiated in internal company documents, protecting both parties in case of any dispute.

Currently, the proposal is under review by the Committee on Constitutional and Justice and Citizenship (CCJ) of the Chamber of Deputies.

At this stage, criteria of legality, constitutionality, and legislative technique will be evaluated.

By being processed in a conclusive manner, if approved by the CCJ, it may go directly to the Federal Senate without passing through the Chamber floor, unless there is an appeal for analysis in plenary.

Subsequently, if also approved by the senators, the text will proceed to presidential sanction and, if sanctioned, will be incorporated into the CLT, taking effect for workers across the country.

Who Will Benefit From The Vacation Priority For Parents

According to data from the Brazilian Institute of Geography and Statistics (IBGE), millions of Brazilian workers have children enrolled in public and private preschool, elementary, and secondary education.

If the new law comes into effect, this group could be directly benefited, having better conditions to follow their children’s development during school recess.

Among the alternatives currently used by parents who cannot align their vacations are:

  • hiring temporary caregivers
  • alternating with another caregiver
  • requesting unpaid leave

The search for measures that favor the reconciliation between work and family has gained traction in organizational well-being policies, especially after the Covid-19 pandemic, which intensified the debate about the importance of quality time with children and adolescents.

Companies and human resources professionals have been advised to develop actions that promote more flexibility and respect for family demands, contributing to increased satisfaction and retention of talent.

Importance Of Planning For The Implementation Of The New Rule

However, experts warn that the priority outlined in the proposal does not eliminate the need for planning and dialogue within companies.

The effectiveness of the measure will depend on the engagement of employers and employees in building clear and transparent internal policies capable of balancing business needs with employee rights.

Alignment between parents’ expectations and companies’ realities will be essential to avoid conflicts and promote healthy coexistence during school vacation periods.

The discussion about vacation priority for parents with school-age children reinforces the importance of parental roles and the value of family time in contemporary society.

At the same time, it highlights the challenges faced by Brazilian companies in adjusting HR routines to new legislations that directly impact the daily lives of millions of workers.

In light of this potential change to the Consolidation of Labor Laws, how do you think companies and families will be able to adapt to ensure a balance between market demands and the right to family coexistence during school vacations?

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Alisson Ficher

Jornalista formado desde 2017 e atuante na área desde 2015, com seis anos de experiência em revista impressa, passagens por canais de TV aberta e mais de 12 mil publicações online. Especialista em política, empregos, economia, cursos, entre outros temas e também editor do portal CPG. Registro profissional: 0087134/SP. Se você tiver alguma dúvida, quiser reportar um erro ou sugerir uma pauta sobre os temas tratados no site, entre em contato pelo e-mail: alisson.hficher@outlook.com. Não aceitamos currículos!

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