Leave policy in Brazil

When hiring employees in Brazil, it is essential to understand the country’s leave policies and the time off employees are entitled to under local labor law. Brazil’s leave entitlements are primarily governed by the Consolidação das Leis do Trabalho (Consolidation of Labor Laws), commonly referred to as the CLT. Staying compliant with these regulations is crucial for companies seeking to build and manage teams successfully in Brazil.

From vacation leave and public holidays to maternity, paternity, and sick leave, Brazilian law sets out specific rights that employers must respect.  For businesses expanding into Brazil, navigating these rules can be complex. Understanding leave entitlements not only helps meet legal obligations but also supports employee satisfaction and retention.

This guide provides an overview of leave policy in Brazil and highlights how Payoneer Workforce Management can help you stay compliant while managing your local workforce efficiently.

Vacation/annual leave in Brazil

According to Article 130 of the CLT, employees are entitled to 30 days of paid vacation (called annual leave in Brazil) after 12 months of continuous service. This is a key part of the leave policy in Brazil that employers must follow. 

In addition to their standard pay, employees are entitled to a vacation bonus, which is equal to ⅓ of their monthly salary, as per CLT Article 145. Employers are required to pay this bonus 2 days before the vacation begins.

Employees can carry forward unused leave days. The statutory maximum is 5 years. After this, any unused days are forfeited unless otherwise agreed. Expired annual leaves need to be paid double.

Public holidays

Employees in Brazil are entitled to 13 mandatory national public holidays per year, as outlined in the leave policy in Brazil. Additional optional holidays, such as Carnival and Corpus Christi, as well as regional holidays, may apply depending on the employee’s location.

If employees work on a public holiday, they must be paid at double their normal rate.

The 13 federal public holidays are:

Holiday	Date
New Year’s Day	January 1st
Carnival	March
Good Friday	March or April (day changes every year)
Tiradentes Day	April 21st
Labor Day	May 1st
Corpus Christi	June 19
Independence Day	September 7th
Our Lady of Aparecida	October 12th
All Souls’ Day	November 2nd
Republic Day	November 15th
Black Awareness Day	November 20th
Christmas Day	December 25th
New Year’s Eve	December 31 (2 PM onwards)

Sick leave

Employees in Brazil are entitled to paid sick leave, provided their absence is medically certified. Employers are responsible for paying the employee’s full salary during the first 15 days of sick leave. This payment is made as if the employee had worked normally, provided valid medical documentation is submitted.

Starting from the 16th day of leave, the responsibility for payments shifts to the National Institute of Social Security (INSS), which pays a sickness benefit. This system helps protect employees during periods of illness or recovery.

Maternity leave in Brazil

Female employees are entitled to 120 days of paid maternity leave in Brazil, which is funded by the INSS. This leave can begin up to 28 days before the expected birth date, depending on medical guidance.

Employers participating in the Empresa Cidadã (Citizen Company Program) can voluntarily extend maternity leave by an additional 60 days, offering up to 180 days in total. The program offers tax benefits to encourage companies to support working mothers with extended paid leave, while also helping them remain compliant with local labor laws.

In Brazil, employees are protected from dismissal without just cause during pregnancy, starting from the confirmation of the pregnancy until five months following the delivery.

Paternity leave

Male employees are entitled to 5 days of paid paternity leave, which their employer funds. However, companies that participate in the Empresa Cidadã program have the option to extend paternity leave to 20 paid days. This benefit applies both in cases of birth and adoption.

By joining this program, employers can support working parents more comprehensively while receiving fiscal benefits for doing so.

Brazil does not offer shared parental leave at the national level.

Other types of leave in Brazil

Here are some other common types of employee leave in Brazil.

Bereavement leave

Employees are entitled to 2 consecutive days of paid leave following the death of a spouse, parent, child, or other close relative. This leave gives employees time to attend funerals and manage immediate family matters during a difficult period.

Family Leave 

Brazilian labor law does not generally mandate paid leave for employees to care for sick or hospitalized family members.

However, employees are legally entitled to one paid day off per year to attend a medical appointment with a child aged six or younger, as outlined in Article 473, item XII, of the CLT.

For all other instances involving sick or hospitalized family members, arrangements for absence must typically be made using unpaid leave, employee vacation days, or through additional leave provisions stipulated in a collective bargaining agreement or company policy.

Suffrage Leave 

Brazilian labor law, specifically Article 473, item V, of the Consolidation of Labor Laws (CLT), grants employees up to two consecutive paid hours off to vote during official elections if their work schedule coincides with voting hours. Should an employee require additional time for exceptional reasons, such as traveling to the polling location, this extended absence must be justified and mutually agreed upon with the employer.

Calamity Leave 

Brazilian labor law (CLT) does not directly mandate paid leave for employees affected by natural disasters or personal calamities. Although Article 473 of the CLT grants paid leave for specific family-related events, emergencies like floods, fires, or similar catastrophes are not explicitly covered. Therefore, in these situations, an employee typically has the option to use existing vacation time, take unpaid leave (provided there is mutual agreement with the employer), or utilize any additional paid leave benefits outlined in a collective bargaining agreement or company policy.

Explore Payoneer Workforce Management in Brazil

Expanding into Brazil offers significant growth opportunities, but managing employee leave policy in Brazil can be complicated. Payoneer Workforce Management helps companies hire, pay, and manage employees in Brazil while helping you stay compliant with local laws. 

Our Employer of Record (EOR) service in Brazil streamlines onboarding, payroll, tax contributions, and benefits administration, allowing you to focus on growth while we assist with managing local administrative efforts.

Book a demo today!

FAQs

1) What is the leave policy in Brazil?

Employees in Brazil are entitled to 30 paid vacation days per year after 12 months of service, plus 13 national public holidays. Regional holidays may provide additional time off depending on the location.

2) How many vacation days do you get in Brazil?

Employees are entitled to 30 paid vacation days each year. 

3) What is the national parental leave policy in Brazil?

Maternity leave in Brazil provides 120 days of paid leave, with the option of extending to 180 days through the Empresa Cidadã program. Paternity leave is 5 paid days, extendable to 20 days if the employer participates in the Empresa Cidadã program. Shared parental leave is not available at the national level.