11 common paternity leave questions answered

Recently, there have been significant changes regarding paternity leave. In short, some parents will have more days off work, with the right to full pay, so they can closely monitor the first days of their child’s life.

Ivani Contini Bramante, professor at the São Bernardo Law School and specialist in Labor Law, highlights that “paternity leave, provided for in articles 7, XIX, 10, § 1, of the Transitional Constitutional Provisions Act – ADCT and 473, III, of the CLT, means the possibility for the father to be able to miss work to provide assistance to the mother and child and also in order to register the newborn child”.

Previously, the paternity leave period was 5 days. “With the publication of Law 13.257/2016, the license is extended to 20 days. Under the new legislation, the father may still have paid time off to accompany the pregnant woman in prenatal and pediatric consultations. He will have up to two days to accompany the woman to medical appointments during pregnancy and one day to take her child up to six years old to the doctor”, says the specialist.

However, it is worth noting that not all parents are entitled to these benefits. “Workers in companies linked to the Empresa Cidadã program, created by Law 11,770/2008, are entitled to a longer period”, explains Ivani.

Frequently asked questions about paternity leave

Below, Ivani answers the main questions related to paternity leave rules.

1. How is paternity leave counted?

“The count of paternity leave must start on a working day from the date of birth of the child. A working day because it is a paid leave, in which the employee can miss work without labor implications”, explains the specialist.

For example: if the child is born on a Thursday night, the leave will start from Friday. If the child is born on a Friday, the leave will start to run from Monday (with a view to starting on a working day).

2. What are the obligations of the parent who takes the 20-day leave?

“Parents who take extended leave are required to prove their participation in a responsible parenting orientation program or activity,” says Ivani.

Fathers and mothers cannot yet engage in any paid activity while on leave, and the child must be kept in their care.

3. Do the new rules apply to parents of adopted children?

The new rules also apply to employees who adopt children, as highlighted by Ivani.

4. Will the parent who takes the leave get all of their salary?

Yup. “During the period of leave, the father will be entitled to full remuneration”, says the specialist.

5. What is the Early Childhood Regulatory Framework?

“The Early Childhood Regulatory Framework is the statute that establishes principles and guidelines that oblige federal, state and municipal governments to create and implement public policies in the areas of health, education, food and family life for children from zero to six years old”, answers Ivani.

6. How important is the expansion of paternity leave?

“Expanding the leave is important because it allows the father to provide direct care in the first days and helps to strengthen the bond with the baby at this very important moment in the family’s life”, explains Ivani.

7. According to the new rules, what is the situation of public servants?

The Early Childhood Regulatory Framework does not change the rules in this case. “The period is defined by the body or administration, respecting, however, at least the 5 days provided by law”, says Ivani.

8. What are the benefits for the company that opts for the extended license?

“She will be able to deduct from federal taxes the total of the employee’s compensation on the days of extension of paternity leave. The rule only applies to companies that have taxation on real profit”, explains the specialist.

9. What is the Citizen Company Program? Can any company be part of the Program?

It is a program created by the government in 2008. From the beginning, it provides tax exemption for companies that accept to increase the maternity leave of their employees from 4 to 6 months.

Now, companies linked to the program start to offer 20-day paternity leave.

The company that wants to be part of the program must make the request exclusively on the website of the Federal Revenue Service of Brazil (RFB).

10. Who will “pay” the 20-day leave?

“The Citizen Company program allows the company to deduct from the Income Tax. The rule applies to companies that have taxation on real profit,” he says.

11. Is every father entitled to paternity leave?

Yes, the Federal Constitution of 1988 provides that the man is entitled to 5 days of paternity leave. However, it is worth remembering, “not everyone is entitled to the extended leave, only those employees of companies linked to the Citizen Company Program. If the company does not adhere to the aforementioned program, its employees will continue to enjoy the 5-day period”, highlights Ivani.

Why paternity leave is important

With more days off, not only the parents benefit, but the whole family. Among the main advantages of the extended license, the following can be highlighted:

• The first days of a child’s life represent an important period for the establishment of affective bonds: they begin to keep voices, smells, touches. In this way, it is good that father and mother are experiencing this with the baby, while he will be building his references.
• For men, staying away from work for more days is an opportunity to actively participate in the initial care of the child, to strengthen their role in the family more quickly.
• For the mother, having a partner close by in the first days postpartum is important to relieve the routine (often overloaded), as he will have to help with the care of the baby, as well as any other activity that is necessary.
• With the father more days at home during paternity leave, the bond between the couple is also strengthened, as they will be able to fully share unique moments that will be forever marked in the family’s history.
• The increase in paternity leave tends to make men more satisfied with the company they work for. After all, if he is there working, but with his head and all worries at home, thinking about how the baby’s first days are going, he tends to work unmotivated, dissatisfied. On the other hand, recognizing that the company is concerned about their well-being and that of their family, they tend to reciprocate the attention given when returning to work, which positively influences the results of the entire team.
• The expansion of paternity leave can still be seen as an important advance, considering the equality of rights and duties between genders.

Bearing in mind that mothers and fathers have equal rights and duties with regard to child care, paternity leave is essential for men, women and children. In this sense, the expansion of paternity leave represents a significant gain for the whole family.