At a glance
- Brazil enacted Law nº 15,222/2025 on September 29, 2025 to strengthen protections for mothers and newborns facing postnatal hospitalization.
- The Labor Code now allows maternity leave to be extended by up to 120 days after hospital discharge, if hospitalization exceeds two weeks.
- The Social Security Benefits Law ensures maternity benefit payments during hospitalization and for up to 120 days post-discharge.
- Employers must immediately review and update internal leave procedures to comply with the new law, which is already in force.
On September 29, 2025, Brazil enacted Law nº 15,222/2025, amending both the Labor Law Code (CLT – Decree-Law nº 5,452/1943) and the Social Security Benefits Law (Law nº 8,213/1991). The new provisions significantly expand protections for mothers and newborns in cases of post-delivery hospitalization due to medical complications.
Previously, maternity leave was capped at 120 days, with possible extensions of up to two weeks before and after childbirth upon medical certification. However, extended hospital stays were counted within the standard leave period, leaving families with reduced time together outside the hospital.
Under the new law:
- The Labor Code now allows maternity leave to be extended by up to 120 days after hospital discharge, provided the hospitalization exceeds two weeks and is linked to childbirth.
- The Social Security Benefits Law ensures that maternity benefit payments continue throughout the hospital stay and for up to 120 days after discharge, deducting any pre-birth leave already taken.
Employers must promptly review and update their internal leave policies and procedures to ensure compliance, as the law took immediate effect upon publication (September 29, 2025).
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