Brazil provides fathers with 5 days of paid paternity leave under the Consolidação das Leis do Trabalho (CLT), Brazil’s labour code. The leave is paid at full salary by the employer and must be taken immediately after the birth. A newer programme — Intermeditador de Parto — extends this to 20 days for fathers who participate in childbirth preparation classes.
This guide covers Brazilian paternity leave in 2026: the 5-day CLT entitlement, the Intermeditador de Parto programme, the pay calculation, and employer obligations.
Key takeaways
- Fathers under the CLT are entitled to 5 consecutive days of paid paternity leave following the birth of a child.
- The Intermeditador de Parto programme extends paternity leave to 20 consecutive days for fathers who participate in childbirth preparation classes.
- The leave is paid at 100% of the employee’s salary by the employer.
- Paternity leave must be taken immediately after the birth — it cannot be deferred.
- The entitlement applies to all CLT employees, regardless of service length.
- Public-sector employees have separate entitlements under their own statutes.
The statutory entitlement
Brazilian paternity leave is set out in article 10 of Supplementary Law 146/2014 (the Parental Leave Act), which amended the CLT.
| Detail | Value |
|---|---|
| Duration | 5 consecutive days |
| Pay rate | 100% of salary |
| Payment source | Employer |
| Timing | Immediately after birth |
| Eligibility | CLT employees |
| Service requirement | None |
| Splitting | Consecutive only |
The 5 days are consecutive (including weekends and holidays) and must be taken starting from the day after the birth. The leave cannot be deferred, split, or taken at a later date.
The Intermeditador de Parto programme
The Intermeditador de Parto (Childbirth Intermediary) programme was introduced to encourage fathers to participate in childbirth preparation. Fathers who join the programme are entitled to 20 consecutive days of paternity leave instead of the standard 5 days.
| Component | Standard leave | Intermeditador de Parto |
|---|---|---|
| Duration | 5 days | 20 days |
| Pay rate | 100% of salary | 100% of salary |
| Requirement | None | Complete childbirth preparation course |
| Timing | Immediately after birth | Immediately after birth |
To qualify, the father must:
- Register with the hospital or birth centre where the mother is registered.
- Complete the childbirth preparation course.
- Be present at the birth (or be available to be present).
- Provide the employer with proof of participation.
The Intermeditador programme is voluntary — fathers are not required to participate, but those who do receive the extended 20-day entitlement.
How paternity leave pay works
Paternity leave pay is funded by the employer, not the social security system (INSS).
| Component | Detail |
|---|---|
| Pay rate | 100% of salary |
| Payment source | Employer |
| Waiting period | None |
| FGTS deposits | Required during leave |
| Social security contributions | Required during leave |
The employee receives their full salary during the 5-day (or 20-day) period. FGTS deposits and social security contributions continue during the leave.
Public-sector employees
Public-sector employees (servidores públicos) are governed by their own statutes, not the CLT. Federal public servants are entitled to 20 days of paternity leave under Law 11.770/2008, which created the programme for all public servants.
State and municipal employees may have different entitlements depending on their specific statutes. Employers in the public sector should check the applicable law.
Employer obligations
Brazilian employers have the following duties:
- Grant the 5-day (or 20-day) paternity leave — the employer must provide it when requested.
- Pay 100% of salary — for the leave period.
- Continue FGTS deposits — 8% of salary during the leave period.
- Continue social security contributions — during the leave period.
- Maintain employment — the employee’s position and benefits are protected during leave.
Worked example
Carlos works for a manufacturing company in São Paulo. His wife gives birth on 15 October 2026. Carlos is a CLT employee.
Standard scenario: Carlos takes 5 consecutive days of paternity leave (16–20 October 2026). His salary is BRL 5,000. The employer pays BRL 5,000 for the 5-day period.
Intermeditador de Parto scenario: Carlos registers with the hospital, completes the childbirth preparation course, and is present at the birth. Carlos takes 20 consecutive days of paternity leave (16 October – 4 November 2026). His salary is BRL 5,000. The employer pays BRL 5,000 for the 20-day period.
In both scenarios, the employer continues FGTS deposits (8% of BRL 5,000 = BRL 400) and social security contributions during the leave period.
Common pitfalls
1. Not offering the Intermeditador de Parto programme
Many employers are unaware of the extended 20-day entitlement. Informing employees about the programme is a best practice, even if it is not legally required.
2. Requiring the employee to take leave later
Paternity leave must be taken immediately after birth. The employer cannot require the employee to defer the leave or take it at a later date.
3. Stopping FGTS deposits during leave
FGTS deposits continue during paternity leave. Stopping them creates a liability that surfaces years later on termination.
4. Assuming paternity leave is multiplied for multiples
The entitlement is per birth event, not per child. Fathers of twins receive 5 (or 20) days, not 10 (or 40).
5. Confusing CLT employees with public servants
CLT employees are entitled to 5 days (or 20 days with Intermeditador). Public servants are entitled to 20 days under Law 11.770/2008. The rules are different — apply the correct one.
Frequently asked questions
How many days of paternity leave does Brazil provide?
Brazil provides 5 consecutive days of paid paternity leave under the CLT. The Intermeditador de Parto programme extends this to 20 days for fathers who participate in childbirth preparation classes.
Is Brazilian paternity leave paid?
Yes. The employer pays 100% of the employee’s salary for the leave period.
When must paternity leave be taken?
Paternity leave must be taken immediately after the birth — it cannot be deferred or split.
What is the Intermeditador de Parto programme?
It is a programme that encourages fathers to participate in childbirth preparation. Fathers who complete the course and are present at the birth receive 20 days of paternity leave instead of 5 days.
Do public servants have the same entitlement?
Public servants are entitled to 20 days of paternity leave under Law 11.770/2008, regardless of the Intermeditador de Parto programme.
For more context, see our guide to sick leave in Brazil, the overview of types of leave, and our guide to absence management.
Tracking paternity leave — the standard 5-day entitlement, the Intermeditador de Parto extension, FGTS deposits, and public-sector rules — requires attention to detail. A leave management system that handles Brazilian-specific rules keeps you compliant and your employees supported.
Sources
- Supplementary Law 146/2014 — Parental Leave Act (primary source)
- Law 11.770/2008 — Paternity Leave for Public Servants (government)
- CLT — Consolidação das Leis do Trabalho (labour code)
Last updated: 26 July 2026. This article is general information, not legal advice. Confirm current obligations with the CLT and the applicable collective bargaining agreement (convenção coletiva).