Brazil: Law No. 15,371/2026 Extends Paternity Leave and Establishes Paternity Pay
On 1st April 2026, Brazil enacted Law No. 15,371/2026, which introduces significant changes to statutory paternity leave and establishes paternity pay within the scope of the Brazilian Social Security system. The new provisions will be implemented progressively starting January 2027.
Under the new legislation, the current five-day statutory paternity leave will be extended in stages, reaching a total of 20 days by 2029, according to the following timetable:
- 10 days on 1 January 2027
- 15 days on 1 January 2028
- 20 days on 1 January 2029
The implementation of the 20-day period is subject to compliance with the fiscal targets set forth in the Budget Guidelines Law, pursuant to Section 1 of Article 11 of the Law. If the fiscal target is not met, the extension to 20 days will only become effective as of the second fiscal year following the achievement of such target.
Paternity leave will apply in cases of birth, adoption, or the granting of judicial custody of a child or adolescent. During the leave period, the employer remains responsible for payment, with subsequent reimbursement by the Social Security system through the newly created paternity pay mechanism.
From January 2027 onwards, the new law also introduces several additional provisions that employers must observe, including:
- Temporary job security, prohibiting dismissal without cause from the beginning of the paternity leave until one month after its conclusion;
- Immediate vacation entitlement, allowing the employee to take annual leave immediately following the end of the paternity leave;
- Suspension, termination or denial of leave in cases involving domestic violence or material abandonment of the child or adolescent;
- Extension of leave and paternity pay where the child is subject to hospitalisation; and
- An additional one-third increase in leave where the birth or adoption involves a child or adolescent with a disability.
In this respect, paternity pay mirrors the legal and financial structure of maternity pay. Both benefits aim to protect family income during periods of parental absence from work. However, while maternity leave remains substantially longer, the expansion of paternity leave and the creation of paternity pay reflect a growing legislative emphasis on shared parental responsibilities and gender equality in caregiving.
Key Action Points for Human Resources and In-House Counsel
- Review internal policies to ensure alignment with the phased expansion of paternity leave as from January 2027.
- Update payroll and benefits processes to accommodate paternity pay and Social Security reimbursement mechanisms.
- Train HR teams on the new job security rules and dismissal restrictions applicable during and after paternity leave.
- Monitor termination decisions carefully to reduce exposure to claims relating to alleged arbitrary termination.
