Leave Policy in Brazil 2025: Complete Employer & Employee Guide

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Brazil, the largest economy in Latin America, offers a diverse market with strong industries in agriculture, mining, technology, finance, and services. With a large and skilled workforce, it remains one of the most attractive destinations for multinational companies. From São Paulo’s financial hub to Curitiba’s tech scene, global employers see strong opportunities for hiring in Brazil. However, strict compliance with the Consolidation of Labor Laws (Consolidação das Leis do Trabalho – CLT) is mandatory for operating in the country.

One of the most important compliance areas is the leave policy in Brazil, which ensures worker protection, fair treatment, and alignment with the country’s labor rights culture. The CLT centrally regulates these policies, while collective agreements and employer practices extend benefits further.

This guide provides employers, HR managers, and employees with a detailed overview of leave entitlements in Brazil, including annual leave, maternity and paternity benefits, sick leave, public holidays, and other special leave categories.

Table of Contents

Adoption Leave in Brazil

Adoption leave in Brazil gives adoptive parents time to bond with their children and adjust to new family responsibilities.

  • Duration: Adoptive mothers receive 120 days of paid leave, the same as maternity leave, while adoptive fathers receive 5 days of paid leave, extendable under certain company policies.
  • Special cases: When employees adopt more than one child or children with disabilities, employers may extend leave through agreements.
  • Payment: Covered by the National Institute of Social Security (INSS).
  • Employer Responsibility: Employers must grant leave without discrimination, ensure timely payroll processing, and handle INSS reimbursements correctly.

Earned Leave (Annual Leave) in Brazil

Annual leave in Brazil is comprehensive and regulated under CLT.

  • Employees are entitled to 30 days of paid vacation after 12 months of continuous service.
  • Leave may be split into up to 3 periods, with one period lasting at least 14 days.
  • Employees must receive their vacation pay two days before the leave begins, with an additional vacation bonus equal to one-third of monthly salary.
  • Employers must schedule vacations but also consider employee preferences.

For compliance, accurate payroll processing is essential to calculate vacation pay and bonuses correctly.

Suggested Read: Employer of Record Brazil: A Comprehensive Guide 2025

Maternity Leave in Brazil

Maternity leave provisions are among the strongest in Latin America.

FeatureDetails
Maternity Leave120 days (paid), extendable to 180 days under the “Empresa Cidadã” program
PaymentPaid at full salary by INSS, with employer advance and reimbursement
EligibilityFemale employees under CLT with valid INSS contributions
Job ProtectionEmployers cannot terminate employees during pregnancy or maternity leave

Employer of Record Services Brazil help international companies remain compliant with these strict requirements.

Parental Leave in Brazil

Brazil’s parental leave framework is still evolving, with some benefits offered under government and employer initiatives.

Type of Parental LeaveDurationDetails
Maternity Leave120–180 daysFunded by INSS and extended under “Empresa Cidadã”
Paternity Leave5–20 daysExtended under “Empresa Cidadã”
Adoption Leave120 days for mothers; 5 days for fathersSame entitlements as biological parents

Many multinational companies offer extended Global Contractor Management parental leave to align with international best practices.

Paternity Leave in Brazil

Paternity leave provisions support fathers’ involvement in early childcare.

  • Fathers receive 5 days of paid leave under CLT.
  • This can be extended to 20 days under the “Empresa Cidadã” program if the employer is registered.
  • Employers must pay wages in full during this period, with government reimbursement available under certain conditions.

Public Holidays in Brazil

Brazil observes national, state, and municipal public holidays, with at least 12 nationwide holidays.

HolidayDate (2025)
New Year’s Day1 January
Carnival3–4 March
Good Friday18 April
Tiradentes Day21 April
Labor Day1 May
Corpus Christi19 June
Independence Day7 September
Our Lady of Aparecida12 October
All Souls’ Day2 November
Proclamation of the Republic15 November
Christmas25 December

Employees working on public holidays are entitled to double pay or compensatory time off. Employers must update payroll processing accordingly.

Sick Leave Policy in Brazil

Sick leave is regulated under CLT and funded by both employers and INSS.

Period of IllnessEntitlement
First 15 daysFull salary paid by employer
From 16th day onwardPaid by INSS (Social Security)

Employees must provide a valid medical certificate. Employers must coordinate payroll adjustments and INSS claims properly. EOR in Brazil ensures compliance with these processes.

Casual Leave in Brazil

Casual leave is not defined as a separate legal category, but employers may grant short-term leave under company policies.

  • Often provided for emergencies or personal obligations.
  • Typically treated as unpaid leave or deducted from annual vacation days.
  • Employers should apply policies consistently to ensure fairness.

Unpaid Leave in Brazil

Unpaid leave is available under specific circumstances with mutual agreement.

  • Extended illness beyond INSS coverage.
  • Educational or family obligations.
  • Employees may also request unpaid leave for personal projects.

Employers must document agreements formally to avoid disputes.

Other Special Leave Types in Brazil

Brazil provides a range of additional leave entitlements:

  • Marriage Leave: 3 days paid.
  • Bereavement Leave: 2 days paid for immediate family members.
  • Military Service Leave: Granted for employees required to serve.
  • Blood Donation Leave: 1 day per year.
  • Union Duties Leave: For employees elected to union positions.

Suggested Read: Labour Laws in Brazil: A Complete 2025 Guide for Employers and Employees

Digital Leave Management in Brazil with Asanify AI

Managing leave in Brazil can be challenging due to multiple entitlements, INSS reimbursements, and the vacation bonus system. Manual handling often leads to payroll errors and compliance risks. Asanify AI simplifies the process for global companies.

Here’s how Asanify supports employers:

  • Real-time leave tracking with automatic calculation of vacation bonuses.
  • Slack and mobile approvals for seamless HR operations.
  • Integrated payroll processing aligned with CLT and INSS reimbursements.
  • Compliance-ready reports for audits and government inspections.
  • Automation for extended programs like “Empresa Cidadã” to manage additional leave days.

By partnering with EOR in Brazil, global companies ensure compliance, efficiency, and employee satisfaction. Employer of Record Services Brazil also streamline Global Contractor Management, allowing businesses to expand without entity setup.

FAQs

How many vacation days do employees get in Brazil?

30 days after 12 months of service.

Is maternity leave paid in Brazil?

Yes, 120 days, extendable to 180 days under “Empresa Cidadã.”

How long is paternity leave in Brazil?

5 days, extendable to 20 days under “Empresa Cidadã.”

Do adoptive parents receive the same leave as biological parents?

Yes, adoptive mothers get 120 days, fathers 5–20 days.

How is sick leave managed in Brazil?

Employers pay for the first 15 days; INSS covers from the 16th day.

Are employees entitled to holiday pay in Brazil?

Yes, employees working on holidays get double pay or time off.

How can global companies manage compliance in Brazil?

By using Asanify’s Employer of Record Services Brazil for payroll processing and Global Contractor Management.

Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant  or Labour Law  expert for specific guidance.