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GUIASBy Bruno Campos de Oliveira

Pregnant workers in Brazil: appointments, change of role, breastfeeding and childcare assistance

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Beyond job security, pregnant workers have the right to miss work for appointments, change roles for health reasons, be removed from unhealthy work, take breastfeeding breaks and have childcare support. All the rights and what to do if they are denied.

Pregnant workers in Brazil: appointments, change of role, breastfeeding and childcare assistance — Human Case Labor Guide
Beyond job security, pregnant workers have the right to miss work for appointments, change roles for health reasons, be removed from unhealthy work, take breastfeeding breaks and have childcare support. All the rights and what to do if they are denied.

Beyond job security and maternity leave, the CLT (Brazil's Consolidated Labor Laws) guarantees pregnant employees the right to miss work for at least six appointments and tests, to change roles when their health requires it, to be removed from unhealthy work and, after childbirth, to take two 30-minute breaks a day to breastfeed until the baby is 6 months old.

Quick summary

  • Appointments and tests: time off for at least 6 appointments and additional tests (art. 392, §4, II).
  • Change of role: when health conditions require it, with a guaranteed return (art. 392, §4, I).
  • Unhealthy work: removal from unhealthy activities during pregnancy and breastfeeding (art. 394-A, as interpreted by the Federal Supreme Court, STF).
  • Breastfeeding: 2 breaks of 30 minutes a day until the baby is 6 months old (art. 396).
  • Childcare: employers with 30 or more women over 16 must provide a place to care for children or pay childcare reimbursement (art. 389).
  • Job security: from confirmation of pregnancy until 5 months after childbirth — see Job security.
gestante direitos no trabalho

Rights during pregnancy

  1. Inform the employer of the pregnancy in writing, with a copy of the test.
  2. Miss work for prenatal appointments, without deduction, with a medical statement.
  3. Request a change of role with a certificate, if the activity poses a risk.
  4. Be removed from unhealthy work, without loss of salary or supplement; if there is no compatible role, the pregnancy may be considered high-risk for maternity pay purposes.
  5. Not suffer discrimination: requiring a pregnancy test on hiring or dismissal is prohibited — see Discriminatory dismissal.

Rights after childbirth

  • Maternity leave of 120 days (180 under Empresa Cidadã) — see Maternity and paternity leave.
  • Breastfeeding breaks, which may be extended on medical advice.
  • Childcare or childcare reimbursement, depending on the employer's size and the collective rule.

The partner also has rights

The father or partner may miss up to 2 days to accompany the pregnant woman's appointments and tests — see Excused absences.

Frequently asked questions

Can a pregnant worker resign?

Yes, but a resignation by someone with job security requires assistance from the union or the labor authority (art. 500).

Does a pregnant worker in home office have the same rights?

Yes, including time off for appointments and job security.

Read more in this series

Official sources consulted

Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.

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