Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Brazil. This article explains Brazil’s leave laws, including Paternity leave Maternity Leave Bereavement Leave Sick Leave Unpaid leave Annual Leave Whether you are an employer making leave policies or an employee learning about your rights.
| LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
|---|---|---|---|---|---|
| Paternity leave | 5 days, extendable to 20 days. | Not applicable, granted per childbirth. | Not applicable for paternity leave. | Not applicable unless leave has commenced. | Not applicable. |
| Maternity Leave | 120 to 180 days | Not applicable | Not applicable | Not applicable | Not applicable |
| Bereavement Leave | 2 consecutive days | Not applicable | Not applicable | Not applicable | Not applicable |
| Sick Leave | Up to 15 days covered by the employer, then by social security. | Not applicable for sick leave. | Not applicable for sick leave. | No payout for unused sick leave. | Not applicable. |
| Unpaid leave | Varies, subject to agreement | Not applicable | Not applicable | Not applicable | Not applicable |
| Annual Leave | 30 days after 12 months of work | Accrues monthly over 12 months | Limited carry over allowed | Payout required | No |
Fathers are entitled to 5 days of paternity leave, which can be extended to 20 days if the employer is part of the 'Empresa Cidadã' program.
Employers should be notified of the childbirth as soon as possible to arrange for paternity leave.
While paternity leave is a statutory right, proper notification and documentation of the childbirth are required for leave to be granted.
Additional paternity leave up to 20 days is possible under the 'Empresa Cidadã' program, with corresponding employer enrollment.
Paternity leave is granted per childbirth or adoption event and does not accrue over time.
Paternity leave is event-based and must be used shortly after the childbirth or adoption event, with no carryover provisions.
If employment is terminated while on paternity leave, the remaining leave is typically paid out. However, this scenario is rare.
There is no end of year payout for paternity leave as it does not accrue and is tied specifically to childbirth or adoption events.
Paternity leave can often be combined with other family-related leaves, depending on employer policies and specific circumstances.
Pregnant employees are entitled to 120 days of paid maternity leave, which can be extended to 180 days under certain company programs.
The employer should be notified as soon as the pregnancy is confirmed and the expected date of birth is known.
Maternity leave is a statutory right and does not require employer approval, though notification requirements must be met.
Maternity leave can be extended from 120 to 180 days if the employer participates in the 'Citizen Company Program'.
Maternity leave does not accrue but is granted as a full period in response to pregnancy and childbirth.
Carry over does not apply to maternity leave as it is a one-time grant per pregnancy.
Maternity leave benefits are not subject to payout upon termination, as they are only applicable during the pregnancy and postpartum period.
There is no end of year payout for maternity leave as it is granted per pregnancy event.
During maternity leave, the employee is protected against dismissal except in cases of gross misconduct.
Employees are entitled to 2 consecutive days of leave upon the death of a close family member, which includes spouse, companion, relatives up to second degree, and children.
The employee should inform the employer about the bereavement and their intention to take leave as soon as possible.
Bereavement leave is a statutory right and does not require employer approval, though notification is necessary.
Additional days beyond the 2-day quota are not typically granted under statutory bereavement leave provisions.
Bereavement leave does not accrue and is only granted as needed upon the death of a close family member.
There is no carry-over for bereavement leave as it is granted per incident.
There is no payout for unused bereavement leave as it does not accrue and is only used as needed.
Bereavement leave is not subject to end-of-year payout as it is event-specific and does not accumulate.
Bereavement leave can be taken upon the death of a spouse, companion, direct relatives (such as parents and children), and relatives up to the second degree of consanguinity.
Employees are entitled to sick leave for up to 15 days with pay by the employer. If the illness persists, social security covers the employee from the 16th day onward.
Employees must inform their employer about their illness and provide a medical certificate as soon as reasonably possible.
Sick leave requires submission and approval of a medical certificate to validate the illness and the duration of the leave.
Additional sick leave beyond 15 days requires certification and approval from social security authorities.
Sick leave does not accrue and is granted based on medical need as evidenced by a medical certificate.
There are no carryover rules for sick leave as it is event-based, not accruing over time.
Sick leave does not accumulate and therefore there is no payout for unused sick leave upon termination.
There is no payout at the end of the year for sick leave as it does not accrue.
For long-term illnesses extending beyond 15 days, employees are transferred to social security benefits, which handle further leave provisions.
Unpaid leave durations are not specified by law and can vary greatly depending on the agreement between the employer and the employee.
The notice period for taking unpaid leave is typically determined by employer policy or an agreement between the employer and the employee.
Unpaid leave requires approval from the employer, and the terms are often subject to negotiation depending on the circumstances.
The possibility of extending unpaid leave depends on the terms agreed upon by the employer and the employee. There is no statutory guideline for additional quota.
Unpaid leave does not accrue over time but is granted based on specific agreements between the employer and the employee.
There are no carry-over rules for unpaid leave as it does not accrue and is based on individual agreements.
There is no payout for unused unpaid leave as it is not a benefit that accumulates.
Unpaid leave is not eligible for end-of-year payout as it is not a paid benefit.
Requests for unpaid leave generally require thorough documentation and justification, and the impact on benefits and job security should be clearly understood by both parties.
Employees are entitled to 30 days of paid annual leave after completing 12 months of employment with the same employer.
Employees must inform their employers at least 30 days in advance of the intended start date of their annual leave.
The scheduling of annual leave needs to be approved by the employer, though it should consider the interests of the employee.
The standard annual leave quota is 30 days and does not increase with tenure or other factors.
Annual leave rights accrue monthly but can only be taken after the employee has completed 12 months of service.
Carry over of annual leave is generally not permitted unless specifically agreed upon under certain conditions, such as operational needs.
Any accrued but unused annual leave must be paid out upon termination of employment.
There is no mandatory end of year payout for unused annual leave; it must be used or carried over as agreed.
Annual leave should be taken in two periods, one of which must be at least 14 days long, unless otherwise agreed upon by the employee.
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