New law regulates paternity leave, extends its duration, and creates paternity pay

On April 1, 2026, Law No. 15,371/2026 was published, introducing significant changes to the rules governing the granting of paternity leave.

The new law provides for a gradual increase in the duration of paternity leave starting in 2027, in compliance with the following schedule:

• Until December 31, 2026: current rules remain in effect (05 days from the birth of a child, adoption, or granting of judicial custody);
• From January 1, 2027: 10 days;
• From January 1, 2028: 15 days; and
• From January 1, 2029: 20 days, subject to compliance with the fiscal targets set forth in the law.

In cases of birth or adoption of a child or adolescent with a disability, the leave period will increase by one-third.

The law also establishes the paternity pay – a social security benefit modeled based on maternity pay, effective as of January 1, 2027. The employer must make the payment during the leave period, with subsequent offset or reimbursement through the Brazilian National Institute of Social Security (“INSS”).

In addition, the law establishes provisional job protection for the father, effective from the start of the leave until one month after its end. It also provides for double indemnification of the job protection period in cases of discriminatory dismissal or dismissal without cause intended to prevent the employee from taking paternity leave.

Although the law is already in effect, the main changes will only produce practical effects as of 2027.

Demarest’s Labor and Employment team remains available to clarify doubts, assess impacts, and assist in reviewing policies and internal documents in accordance with Law No. 15,371/2026.