Maternity and paternity leave in Brazil in 2026: rules and what's new

*Maternity leave lasts 120 days, with maternity pay, and can reach 180 days at companies in the Empresa Cidadã program. Paternity leave, currently 5 days, will increase gradually under Law 15,371/2026: 10 days in 2027, 15 in 2028 and 20 in 2029, with paternity pay from Social Security.*

Quick summary

• Maternity: 120 days (Constitution, art. 7, XVIII); +60 days under Empresa Cidadã (Law 11,770/2008).
• Adoption: the same maternity leave (CLT, art. 392-A — the CLT is Brazil's Consolidated Labor Laws).
• Job security for pregnant workers: from confirmation of pregnancy until 5 months after childbirth.
• Breastfeeding: two 30-minute breaks a day until the baby is 6 months old (art. 396).
• Paternity: 5 days today; 10 days in 2027, 15 in 2028 and 20 in 2029 (Law 15,371/2026).
• Paternity pay: paid by the INSS (social security) or by the employer with offset, as with maternity pay.

Paternity leave: what changes

• Until 2026 — Length: 5 days (+15 under Empresa Cidadã)
• 2027 — Length: 10 days
• 2028 — Length: 15 days
• 2029 — Length: 20 days

The law also provides job security for fathers from the start of the leave until one month after the benefit ends.

Maternity leave: how it works

1. Start: from 28 days before childbirth, with a medical certificate, or on the date of birth.
2. Payment: maternity pay is paid by the employer and offset against Social Security contributions; in some cases, directly by the INSS.
3. Empresa Cidadã extension: the employee requests it by the end of the first month after childbirth.
4. Return: job security continues until 5 months after childbirth.
5. Non-criminal miscarriage: 2 weeks of paid rest (art. 395).

Points to watch

• Domestic employees also have 120 days and job security — see Domestic workers' rights.
• Dismissal during pregnancy gives the right to reinstatement or compensation — see Job security.
• Vacation can be added onto the leave if the employer agrees.

Frequently asked questions

How many days of paternity leave are there in 2026?

5 days, or 20 days at companies in the Empresa Cidadã program. From 2027, the extension under Law 15,371/2026 begins.

Who pays maternity leave?

Maternity pay is a Social Security benefit; for employees, the employer usually pays it and offsets it against contributions.

Do adoptive mothers get maternity leave?

Yes, on the same terms (CLT, art. 392-A).

Read more in this series

• Job security: who is entitled and for how long
• CLT worker rights: complete guide
• CLT vacation: rules, splitting, selling days and double pay
• Domestic workers: rights under LC 150/2015 (2026 guide)
• Index: complete guide to labor rights