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...
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