Adoption leave in Brazil: 120 days and job security

Anyone who adopts or obtains court custody for the purpose of adopting a child or adolescent is entitled to 120 days of leave, paid as maternity pay (CLT, art. 392-A; Law 8,213/1991, art. 71-A). Since Law 13,509/2017, adoptive employees also have job security, like pregnant workers (CLT, art. 391-A, sole paragraph).

Quick summary

• Length: 120 days; up to 180 days if the employer is in the Empresa Cidadã program.
• Who receives it: one of the adoptive parents, man or woman; in a couple, only one takes the 120 days.
• Document: a court custody order for adoption or the adopted child's birth certificate.
• Job security: protection against dismissal without cause, like that of pregnant workers.
• Child's age: the leave applies to adopting a child or adolescent, with no reduction by age.

How payment works

The employer pays maternity pay to the employee and offsets the amount against its INSS contributions. For insured people who are not employees, such as self-employed contributors or MEIs, the claim is made directly to the INSS through Meu INSS.

The other adoptive parent

In an adoptive couple, one takes the 120-day leave and the other is entitled to paternity leave. Law 15,371/2026 is gradually extending paternity leave; see the dedicated guide.

How to request it

1. Notify the employer in writing as soon as you obtain custody.
2. Hand in a copy of the custody order or the new birth certificate.
3. The leave starts on the date of custody or adoption.

Frequently asked questions

Does a father adopting alone get 120 days of leave?

Yes. A male employee adopting alone is entitled to the 120-day leave and maternity pay.

Does the leave apply to adopting an adolescent?

Yes. The law guarantees 120 days of leave for adopting a child or adolescent.

Can I be dismissed right after adopting?

Not without cause during the job-security period set for pregnant workers, which has applied to adoptive parents since 2017.

Read more in this series

• Maternity and paternity leave 2026
• Maternity pay: who gets it
• Job security: who is entitled
• Index: complete guide to labor rights

Topic: this guide is part of Health, safety and leave at work, with all the guides on the subject.