Proposed bill establishes new paternity leave framework and extends its duration

At a glance

• Brazil’s Chamber of Deputies has approved Bill nº 3.935/2008 to create a permanent framework for paternity leave.
• The proposal gradually extends paternity leave from five to 20 days over four years, with salary costs shifting to Social Security.
• Additional provisions include extended leave for hospitalisation, disability, or mother’s death, and protection against dismissal during and after leave.
• Employees may combine paternity leave with annual vacation upon notice.
• The bill now moves to the Federal Senate for review and may be amended before final approval.

The bill of Law (PL) nº 3.935/2008, approved by the Chamber of Deputies on November 4, 2025, aims to amend current legislation and establish a permanent regulatory framework for paternity leave. The proposal amends the Consolidated Labor Laws (Decree-Law nº 5,452/1943 (CLT)), the Social Security Benefits Law (Law nº 8,213/1991), the Social Security Funding Law (Law nº 8,212/1991), and the Empresa Cidadã Law (Law nº 11,770/2008). The text has now been submitted to the Federal Senate for review.

Current legal framework

• Employees are entitled to five days of mandatory paid paternity leave under the Federal Constitution and the CLT.
• Companies enrolled in the voluntary Empresa Cidadã program may extend the leave to 20 days.
• The leave is currently fully paid by the employer with no direct reimbursement from the Social Security system.

Key Points of the proposal

• Gradual expansion of paternity leave from five to 20 days, to be implemented over the first four years following the law’s entry into force.
• Full salary maintained, with the cost shifting from employers to Social Security. Employers will continue to pay the employee upfront and then offset the corresponding amount against social security contributions.
• In cases where the mother or newborn is hospitalized due to childbirth, the leave is extended for the duration of the hospitalization, and the standard leave period only begins after discharge.
• If the child has a disability, the leave duration is increased by 1/3.
• In the event of the mother's death, the surviving parent or whoever legally assumes parental responsibility becomes entitled to the corresponding leave and benefit.
• The employee can’t be dismissed without a cause during the leave and for one month after its end.
• The leave can be immediately followed by annual vacation upon 30 days’ notice.

The bill is still under discussion in the Senate and may be amended. We are monitoring the legislative process. Companies may consider adjustments to internal leave policies, payroll procedures and employee communication if the final text is approved.