The STF (Brazil’s Supreme Federal Court) has unanimously decided to equalize the durations of maternity leave and adoption leave for female workers. The ruling stems from a constitutional challenge filed by the Prosecutor General’s Office (PGR) in October 2023, which questioned the constitutionality of unequal treatment across different employment regimes and forms of motherhood.
The New Counting Rule
Under the Court’s ruling, biological and adoptive mothers are now entitled to 180 days of paid leave. This total comprises the standard 120-day leave plus a 60-day extension. The rule applies regardless of whether the worker is employed under the private-sector labor code or the public civil service regime.
The leave period begins upon one of the following occurrences:
- The date of birth;
- The formal granting of legal guardianship/custody of the child;
- Hospital discharge of the mother or newborn, in cases involving hospitalization (whichever occurs latest).
The Supreme Court’s ruling is of immediate application, covering both future leaves and those already in progress.
Context of the Prior Disparities
Prior to this decision, Brazilian legislation established disparate timeframes depending on the worker’s employment regime and the nature of motherhood. Under the Consolidation of Labor Laws (CLT), which governs the private sector, biological and adoptive mothers were entitled to 120 days, extendable by 60 additional days for companies enrolled in the voluntary ‘Empresa Cidadã’ tax-incentive program.
In the federal public sector, governed by Law 8,112/1990, pregnant civil servants were entitled to 120 days, whereas adoptive mothers received only 90 days. In specific careers, such as the Public Prosecution service, adoption leave was restricted to 30 days.
Grounds for the Ruling
Justice Alexandre de Moraes, the reporting justice for the case, emphasized in his vote that parental leaves serve primarily to foster emotional bonding between mothers and their children. Consequently, differential timeframes are unjustified. The Office of the Attorney General of the Union (AGU) also supported the extension during the trial, arguing that the measure facilitates postpartum recovery, child care, and aligns statutory leave with the six-month exclusive breastfeeding period recommended by the World Health Organization (WHO) and UNICEF.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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