Maternity and Paternity Leave: find out how it works!
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THE Maternity and Paternity Leave It is a fundamental right that aims to protect the health of the mother and baby and strengthen family ties.
However, many people still have questions about how these benefits work, who is eligible, and what the differences are between them.
Furthermore, although maternity leave is better known and widely discussed, paternity leave still faces cultural and legal challenges to be fully valued.
In this article, we will explore in depth how the Maternity and Paternity Leave, deadlines, requirements and recent changes in legislation.
We will also discuss the importance of these rights for gender equality in the workplace and child development.
If you are a future parent, employer, or just want to understand this topic better, keep reading!
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1. What is Maternity and Paternity Leave?
THE Maternity and Paternity Leave are periods of paid leave granted to workers after the birth or adoption of a child.
While maternity leave is intended for biological or adoptive mothers, paternity leave is a right for fathers, albeit of significantly shorter duration.
These benefits are essential to ensure that the family can adapt to the new routine without financial losses.
In Brazil, maternity leave is provided for in the Federal Constitution and the CLT, lasting 120 days (four months), which may be extended to 180 days (six months) in some companies through the Citizen Company Program.
Paternity leave, initially only 5 days, was expanded to 20 days in the case of companies participating in the same program.
This disparity still reflects social inequalities, but represents progress towards a fairer division of parental responsibilities.
It is worth noting that these rights also apply to same-sex couples and adoptive parents, with some specificities depending on the situation.
Next, we'll take a closer look at how each of these licenses works in practice.
2. How does Maternity Leave work?
THE Maternity Leave It is one of the most consolidated labor rights in Brazil, guaranteeing the mother a period of rest before and after childbirth.
This separation is crucial for the woman's physical and emotional recovery, as well as strengthening the bond with the baby in the first months of life.
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According to the law, pregnant women can take leave from the eighth month of pregnancy (or earlier, in case of risk) and is entitled to receive his full salary during the 120 days following childbirth.
If the company joins the Citizen Company Program, this period can be extended to 180 days, as long as participation in the INSS is proven.
Furthermore, in cases of adoption, the length of leave varies depending on the child's age:
| License Type | Duration |
|---|---|
| Natural childbirth | 120 days (can be 180) |
| Adoption up to 1 year old | 120 days |
| Adoption from 1 to 4 years old | 60 days |
| Adoption from 4 to 8 years old | 30 days |
Another important point is that the Maternity Leave it is a right non-transferable, that is, it cannot be transferred to the father or another family member.
Furthermore, the worker cannot be dismissed without just cause from the confirmation of the pregnancy until five months after giving birth, ensuring greater security at this delicate time.
3. How does Paternity Leave work?
While the Maternity Leave is widely recognized, the Paternity Leave is still a topic that faces cultural and legal resistance.
In Brazil, the father has the right to only 5 days paid leave after the birth of the child.
But this period can be extended to 20 days if the company is registered in the Citizen Company Program.
Although it may seem like little compared to mothers' leave, this right represents progress in the discussion about active paternity.
Research shows that fathers' involvement in the first days of a child's life strengthens their emotional and cognitive development, as well as promoting greater balance in household chores.
Countries like Sweden and Norway already adopt equal parental leave, showing that it is possible to evolve in this regard.
Unfortunately, many parents are still unaware of this right or are afraid to request it due to prejudice in the workplace.
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Therefore, it is essential to disseminate clear information and push for legislative changes that equate Paternity Leave to the maternal.
4. Maternity and Paternity Leave for Same-Sex Couples and Adoption
Brazilian legislation also ensures the Maternity and Paternity Leave for same-sex couples and adoptive parents, but with some particularities.
In the case of two mothers, for example, both may be entitled to leave, as long as one is the biological mother and the other the adoptive mother.
For adoptions, the time away varies depending on the child's age, as shown in the table above.
The goal is to allow the family a period of adaptation, especially when the child comes from shelters or vulnerable situations.
These achievements are the result of legal battles and social debates, but there is still much to be done to ensure that all family configurations are equally respected.
5. Why Does Paternity Leave Need to Be Extended?
Despite the advances, the Paternity Leave of just 5 days (or 20, in specific cases) is still insufficient.
Studies show that parents who actively participate in their baby's first months create stronger bonds and better share household responsibilities.
Furthermore, inequality in leave reinforces gender stereotypes, overburdening women and hindering their reintegration into the job market.
Countries like Iceland and Portugal already adopt shared leave, where couples can divide their time away according to their needs.
In Brazil, bills seek to expand the Paternity Leave for 30 or even 60 days, but they face resistance from business sectors.
Change will only come with awareness and social pressure.
6. Conclusion: The Importance of Maternity and Paternity Leave
THE Maternity and Paternity Leave It is not just a labor benefit, but an essential right for the well-being of families.
While maternity leave is already established, paternity still needs to advance to ensure gender equality and active participation of fathers.
If you are entitled to these benefits, find out and demand compliance.
If you are an employer, encourage policies that value family.
Together, we can build a more just and welcoming society for all parents.
And you, what do you think of Maternity and Paternity Leave in Brazil? Leave your opinion in the comments!
