New Law Expands Paternity Leave and Establishes Paternity Pay

Law No. 15,371/26 has been enacted, introducing significant changes to paternity leave in Brazil by extending the leave period and creating the so-called “paternity pay,” with direct implications for employers.

Key Changes
The new legislation gradually extends paternity leave from the current 5 days to up to 20 days:
• 10 days: starting in 2027
• 15 days: starting in 2028
• 20 days: starting in 2029

The measure regulates a constitutional right that had previously been applied on a provisional basis.

Creation of Paternity Pay
The law also establishes paternity pay, a social security benefit equivalent to maternity pay: (i) paid to the employee during the leave period; (ii) in an amount corresponding to full compensation; and (iii) initially funded by the employer, with the possibility of offset against amounts due to the INSS.

Eligibility
The benefit will be granted in cases of: (i) childbirth; (ii) adoption; and (iii) legal guardianship for adoption purposes.

Key Considerations
• Need to update internal policies and payroll systems;
• Impact on leave management and workforce coverage;
• Potential short-term increase in operating costs (cash flow), despite the availability of social security offsets;
• Prohibition on engaging in paid work during the leave period (subject to loss of the benefit).

The new law represents a meaningful step forward in parental protection but will require operational adjustments by companies. A review of internal policies, contracts, and HR procedures is recommended to ensure compliance with the new rules.

We remain available to support the implementation of these changes and to assess their specific impacts.