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Paternity leave in Brazil increased from 5 to 20 days with Law 15.371/2026, which also created paternity pay through the INSS and guaranteed job stability for fathers from the notification of pregnancy until 30 days after the end of the leave
President Lula signed on March 31, 2026, the Law 15.371 that expands paternity leave from 5 to 20 days. The implementation will be gradual: 5 days in 2026, 10 in 2027, 15 in 2028, and 20 days starting in 2029.
The law also created paternity pay as a benefit of the INSS, following the same model as maternity pay. Individual micro-entrepreneurs (MEIs), self-employed, domestic workers, and special insured individuals also have rights.
Additionally, the legislation guarantees job stability from the communication to the employer until 30 days after the end of the leave. Dismissal without just cause during this period may result in reinstatement.
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According to the Chamber of Deputies, the law equates paternity leave to maternity leave as a social right.
Who is entitled to the new paternity leave: CLT, MEI, self-employed, and domestic workers
The new law significantly expanded who can use the benefit. Workers with signed contracts already had the previous right of 5 days.
Now, individual micro-entrepreneurs (MEIs), domestic workers, freelancers, and special insured individuals also have access to the leave and paternity pay.
The benefit applies to birth, adoption, and legal custody for adoption purposes. In the event of the mother’s death, the father can use maternity leave for 120 to 180 days.
For children with disabilities, the leave is extended by one-third. The period can be divided according to the family’s needs.
Companies in the Citizen Company Program can offer up to 35 days of paternity leave
Companies participating in the Citizen Company Program already offered 15 additional days in exchange for a deduction on Income Tax.
With the new law, these 15 days will be added to the 20 provided — no longer to the previous 5. The result is up to 35 days of paternity leave for employees of these companies.
According to the INSS, the measures respond to a historical demand for balance in the division of family responsibilities.
International studies indicate that the expansion reduces domestic violence, strengthens family bonds, and increases talent retention in companies.
Gradual implementation: 5 days now, 20 days only in 2029
The gradual transition means that in 2026 the leave remains at 5 days. The increase to 10 days will only begin in 2027.
The G1 reported that the full 20 days will only be valid starting in 2029.
According to the Federal Senate, the values of paternity pay vary according to professional profile, with different levels of social protection. The law did not include estimates of total fiscal cost for the Union. Still, Law 15.371 marks the largest expansion of paternal rights in Brazilian labor history.
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