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CLT Guarantees 120 Days of Maternity Leave for Adoptive Parents: Since the enactment of Law No. 12,873/2013, the government has ensured equal treatment for adopters, regardless of the age of the child or adolescent being welcomed.
For a long time, adoptive parents did not have the same labor rights as those who experienced pregnancy. This gap in legislation created inequality between biological and adoptive families, in addition to complicating the adaptation and welcoming period of the child into their new home.
Following changes brought by the Law No. 12,873/2013 and the consolidation of interpretations within the scope of the CLT, the situation has changed: today, those who adopt a child have the right to the same maternity leave of 120 days provided for the birthing parent, as well as up to 20 days of paternity leave in companies registered in the Citizen Company Program.
This equalization is not merely formal: it recognizes the importance of the emotional bond and the integral protection of the child, guaranteed by Article 227 of the Federal Constitution.
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What the Law Says About Adoption Leave
The Article 392-A of the CLT is clear: the employee who adopts or obtains judicial custody for the purpose of adopting a child is entitled to a 120-day leave. The same provision also allows for extensions in cases of companies participating in government incentive programs.
In the case of fathers, the Law No. 11,770/2008 (Citizen Company Program) extended paternity leave from 5 to up to 20 days, including in adoption situations.
Thus, men who adopt can also take paid leave to dedicate themselves to the new family unit.
The Importance of Provisional Stability
In addition to the leave period, Labor Justice has established the understanding that adoptive parents have the right to provisional stability during their leave, just like biological workers.
This means they cannot be dismissed without cause during the leave period and, in some cases, even for some time after returning to work.
According to legal scholar Vólia Bomfim Cassar, “equalizing adoption leave not only guarantees formal equality but also stability so that the bond between parents and children can solidify without external pressures.”
Experts Reinforce the Value of Adoption Leave
The labor lawyer Homero Batista Mateus da Silva, a professor at USP, emphasizes that “the recognition of adoption leave is one of the most important expressions of human dignity in Labor Law. The arrival of a child, whether by birth or adoption, requires adaptation and presence of the parents.”
For labor judge Valdete Souto Severo, the norm also strengthens child protection:
“The primary interest is that of the child. It is the duty of the state, family, and society to ensure conditions for them to grow in a healthy environment with strengthened emotional bonds. Adoption leave concretizes this constitutional mandate.”
How Adoption Leave Works in Practice
The process is similar to biological maternity leave:
- The worker presents to the company the judicial custody for adoption;
- The HR department formalizes the absence with the INSS, which covers the payment of the benefit;
- The period is 120 consecutive days, which can be extended in incentive programs;
- In the case of joint adoption (couple), the leave can only be used by one of the adopters, unless both work in the same company and there is a specific agreement.
Adoption and Paternity Leave
In the case of paternity leave, men who adopt children are entitled to 5 consecutive days of paid leave, which can be extended to 20 days if the company has joined the Citizen Company Program. This measure aims to balance the responsibility between fathers and mothers, encouraging greater male participation in the welcoming process.
The Social Impact of Equalization
According to data from the National Justice Council (CNJ), more than 30,000 children and adolescents live in shelters or care institutions in Brazil.
Facilitating these children’s adaptation to the family environment is an urgent need, and adoption leave directly contributes to this process.
By ensuring that adoptive parents can take leave from work with legal security and stability, the law promotes not only equality among families but also the fulfillment of the social function of adoption: to provide care, affection, and full integration for the child.
Jurisprudence Reinforces Rights
The TST (Superior Labor Court) has already established in several decisions that adoption leave should receive the same treatment as maternity leave.
In recent rulings, the court even extended the right to cases of adopting adolescents, without a rigid age limit, prioritizing the principle of comprehensive child protection.
The equalization of adoption leave with biological leave is a milestone in the struggle for equality and protection of childhood in Brazil. More than a labor right, it is an instrument of social justice: it ensures time, stability, and dignity for the bond between parents and children to solidify in the initial months of adoption.
The message is clear: it does not matter how a family is formed — by biology or by adoption — the rights to care and initial coexistence are the same.
Porisso que eu nao contrato mulheres