The old idea that fathers do not play an important role in the early moments of a newborn‘s life is quite outdated. The father not only should play this role, but it is extremely important for the baby to feel the father’s presence, in addition to the necessary support that the mother needs during these first moments. For this reason, paternity leave is continually being adapted to today’s realities and the needs of couples.

About Maternity Leave

Maternity leave has already been a long-standing achievement, allowing mothers to spend time with their children to care for and enjoy every discovery of their first months of life. Maternity leave lasts a minimum of four months or 120 calendar days, with a maximum set at six months or 180 calendar days. This period is undoubtedly essential for the baby and, of course, for the mother as well. But we mustn’t forget about fathers, who are increasingly more involved and have rights reserved to also accompany the first moments of their newborn child, through paternity leave. The difference is that the time granted to fathers is still extremely unequal compared to maternity leave. Despite advances, there is still much to improve in the CLT regarding paternity leave. Stay informed:

How many days does the father have the right to paternity leave?

Wanting to enjoy the baby’s first moments up close is not exclusive to doting mothers. Fathers are increasingly involved and participative in caring for their children, and really, there are no complaints about that. After all, at these times, the mother needs support and help to accomplish a series of new tasks. According to the current law, the period for fathers to stay fully with their baby is 5 consecutive days. The first weeks with the baby are very rewarding and full of happiness, for both mother and father. Everything is new, with amazing discoveries, and of course, fathers want to enjoy this moment up close without worrying about work. All they want is to be by their family’s side and their newest member.

Change in the Paternity Leave Law

On March 8, 2016, there was a change in the law that initially provided for 5 consecutive days of paternity leave. Now, the CLT allows for 20 days, but only for companies that are part of the federal “Empresa Cidadã” (Citizen Company) program; in other cases, the 5-day leave remains. This new period is not yet mandatory, and there are no penalties for companies that have not joined the program.

Adoption and Same-Sex Unions

Paternity leave is counted from the first working day following the birth date, considering each person’s work schedule. In cases of adoption and same-sex unions, both men and women are granted four months of leave. In many countries, paternity leave allows for more days of absence, ensuring fathers’ right to spend more time with their newborn baby. See the list of some countries with greater paternity leave:

  • South Korea: 52.6 weeks
  • Japan: 52 weeks
  • France: 28 weeks
  • Luxembourg: 26.4 weeks
  • Netherlands: 26.4 weeks
  • Portugal: 21.3 weeks  Belgium: 19.3 weeks
  • Norway: 14 weeks
  • Iceland: 13 weeks
  • Sweden: 10 weeks

Paternity Leave for CLT Employees

Let’s talk a bit about the paternity leave provided by CLT and learn fathers’ rights under the law. The first decree about Paternity Leave is quite old, from 1967, and started with just 1 working day, later changed to 5 days.

What the employee must do

The law states that during the period of paternity leave, the employee must receive their full salary, even for the days they are off. It is the father’s obligation to inform the company of the birth of the child to register their days of absence, and of course, he cannot simply fail to show up for work or wait to notify them until the leave period is over. If the child is born during the father’s vacation, he will not be entitled to 5 paid days of leave upon returning to work, as the law provides this right specifically for accompanying the first moments with the child and supporting the mother.

Paternity leave – Adoptive parents

The law provides different terms for the paternity leave of adoptive can request up to 120 days of leave and the maternity pay if the adoptive mother is not a contributor. Another important point is that, in adoption cases, the date of birth is considered the day custody is granted, and the leave days are counted from then. The benefits of maintaining payment without deductions apply in the same way as set for CLT for biological parents. The tip is to get more information about the federal program “Empresa Cidadã” and learn how your company can participate. With fewer or more days, what really matters is that you, dad, get to enjoy and take part in each amazing moment alongside your baby and the mother, who really needs your support during this very special time. See also: Maternity Pay – Who Is Entitled? Photos: PublicDomainPictures, smpratt90