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Annual leave in Brazil
Maternity, paternity, and parental leave in Brazil
Adoption leave in Brazil
Other types of leave in Brazil
Public holidays in Brazil
Grow global with CXC
Brazil leave
As an employer, understanding and applying Brazil’s leave and time-off policies in your company is essential to creating an engaging and productive environment. Well-implemented policies not only motivate workers to work, but they also help you attract and retain the best talent.
In this guide, we will explore Brazil’s annual leave and paid time off policies, including maternity, paternity, and parental leave. This way, you are informed of the necessary benefits you need to provide to your employees and can mitigate potential legal and financial risks.
Sick leave in Brazil
The sick leave policy in the country stipulates that employees are eligible for up to 15 days of paid sick leave per year.
For an employee to qualify for this leave, they must present a doctor’s note that is stamped and includes a statement explaining the need for the employee’s absence from work. This ensures that employees who are unable to work due to health reasons can recover without the added stress of losing their income during this period.
During this period, an employee’s salary is paid by the employer for up to 15 days of absence. If the incapacity extends beyond the 15th day, Brazil’s Social Security (INSS) takes over the payment of the employee’s benefits, capped at approximately 6,100 BRL.
Annual leave in Brazil
To promote adequate rest and personal time away from work, the annual leave in Brazil stands at a minimum of 30 days of paid vacation for employees who have completed a year of service with the same employer as mandated by law.
Employees have the option to split their annual leave period into different segments throughout the year, provided one of the segments is at least 14 consecutive days long, to ensure they have enough rest period. The remaining days can then be divided as preferred, though they must also comply with both the employer and employee agreements.
In addition, there’s also an additional financial benefit for employees in Brazil. Alongside their usual salary during the vacation period, employees receive a vacation bonus equivalent to one-third of their monthly salary. This bonus is intended to enable employees to fully enjoy their time off without financial constraints.
However, it’s important to note that any unjustified absences throughout the work year could alter the annual leave entitlement. Depending on the number of absent days, the annual leave can be reduced accordingly.
Maternity, paternity, and parental leave in Brazil
Maternity leave in Brazil
Under the Consolidation of Labour Laws (CLT), expectant employees are entitled to 120 days of paid maternity leave, with the possibility of extending to 180 days for companies participating in the Citizen Company Program (Empresa Cidadã Program). This entitlement starts about 28 days before the expected delivery date, allowing mothers to have ample time for preparation and recovery from childbirth.
Employers should note that the cost of maternity leave in Brazil is not solely their responsibility; it is reimbursed by Brazil’s Social Security system. However, the extended leave provided under the Citizen Company Program is funded by the employer, which in return, benefits from tax incentives.
During maternity leave, the employee is still entitled to 13th-month salary and can continue to accrue annual leave, while the employer will continue to pay social contributions on behalf of the employee.
Paternity leave in Brazil
According to the Brazilian Federal Constitution and the Consolidation of Labor Laws (CLT), eligible fathers are entitled to 5 consecutive days of paid paternity leave. This statutory period has been extended for fathers working for employers participating in the Empresa Cidadã Program (Citizen Company Program), allowing for an additional paternity leave of up to 15 days, totalling 20 days. To benefit from this extension, companies must opt into the program and can benefit from tax deductions.
Parental leave in Brazil
There is currently no parental leave in Brazil. There has been discussion in Congress regarding a bill to implement shared parental leave to complement the current paternity and maternity leave and provide more support for parents. However, this is yet to be codified by law.
Meanwhile, companies can offer additional leave to their employers at their discretion.
Adoption leave in Brazil
Adoptive parents in Brazil receive equitable support and are entitled to paid leave, aligned with the provisions of maternity and paternity leave. Adoptive mothers can avail of 120 days of paid leave, which may extend to 180 days for employers enrolled in the Empresa Cidadã Program. This program not only extends maternity leave but also provides tax incentives to participating businesses. Fathers are eligible for five days of paid leave, extendable to 20 days under the same program.
The age of the adopted child determines the specifics of maternity leave for adoptive mothers, as follows:
- For children under 1-year, adoptive mothers can avail of a maternity leave period of up to 120 days.
- Should the adopted child be between 1 to 4 years of age, the leave period is adjusted to 60 days.
- For children aged between 4 to 8 years, the period further narrows down to 30 days.
Other types of leave in Brazil
While statutory leave are well-defined and mandated by law, companies often provide additional non-statutory leave as part of their benefits package to enhance work-life balance and attract or retain talent. Here are some common types of non-statutory leave that are provided to employees in Brazil:
Extended paternity leave in Brazil
Beyond the standard five days of paternity leave provided by the law, some companies offer extended paternity leave to allow fathers more time to bond with their newborn or newly adopted child.
Educational leave in Brazil
This includes time off for further education or professional training. Employers might offer this on a full or partial pay basis, encouraging continuous learning and skill development.
Bereavement leave in Brazil
Some businesses provide days off for employees dealing with the loss of a family member. Typically, employees are given up to 5 consecutive days of paid leave for the bereavement of a family member.
Volunteer leave in Brazil
A few companies encourage community service by offering days off for employees to engage in volunteer work, supporting corporate social responsibility initiatives.
Marriage leave in Brazil
Employees are entitled to up to three consecutive days of paid leave after getting married to provide new spouses with the opportunity to take some time off work.
Sabbatical leave in Brazil
Although less common, sabbatical leave is offered by some organisations as a way to let employees take an extended break from work, often for personal development, research, or travel, with the aim of returning to their job refreshed and with new perspectives.
While this type of leave not required by the country’s legislation, they are instrumental in fostering a supportive and flexible work environment. By offering such benefits, companies can significantly enhance employee satisfaction and loyalty.
Can new workers get days off in Brazil?
New employees are typically required to work for a period of 12 months before they are eligible for paid vacation days. After completing this 12-month service period, employees are entitled to 30 days of paid annual leave. However, during the initial 12-month period, new workers may not have access to the full paid time off benefits, except for nationally recognised holidays and other statutory leave such as sick leave if they have a valid medical certificate.
In addition, the accrual of paid vacation days does not begin instantly upon employment; rather, the entitlement starts once the 12-month period known as the “acquisitive period” has been completed. The vacation days can then be scheduled during the subsequent 12 months known as the “concessionary period.
Although they may take unpaid leave at the discretion of the employer or under specific circumstances.
Public holidays in Brazil
These public holidays are established at the federal level and are observed by all states and municipalities. Aside from these national holidays, there may be additional state and municipal holidays that vary by region. Employers must respect these holidays and provide employees with time off without affecting their pay.
1 January
New Year’s Day
16 Februari
Carnival (Monday) *
17 Februari
Carnival (Monday) *
3 April
Good Friday
21 April
Tiradentes Day
1 May
Labour Day
4 Jun
Corpus Christi *
7 Sepetember
Independence Day
12 October
Our Lady of Aparecida
2 November
All Souls' Day
15 November
Republic Day
20 November
Black Consciousness Day
25 December
Christmas Day
Note: *Carnival, Good Friday and Corpus Christi are optional holidays (“ponto facultativo”), depending on state/municipal or company policies.
Working on Public Holidays in Brazil
Working on a public holiday may entitle the employee to additional compensation. This could be double pay for hours worked on the holiday or a compensatory rest day at another date, depending on internal policies or collective bargaining agreements. Some companies may instead grant a compensatory day off without extra pay.
Grow global with CXC
Managing a large number of workers while maintaining compliance can be overwhelming. At CXC, we understand the challenges you face in growing your business.
When you partner with CXC to engage workers in Brazil, we’ll become your HR function for those workers. That means we will not only keep track of the leave and paid time off they are entitled to but also handle all other HR tasks, from seamless onboarding to engagement. We’ll take care of the administrative and HR burden, so you can focus on other important aspects of the business.
FAQ's
What are the employee leave entitlements in Brazil?
Employees in Brazil are entitled to several paid leave rights under the Consolidação das Leis do Trabalho (CLT), which cover annual vacation, sick leave, maternity and paternity leave, bereavement, marriage, and several other specific paid absences.
Hiring in Brazil for the first time can feel overwhelming because of how detailed the regulations are. Getting it right early helps you avoid problems and builds trust with employees early on.
Here are some key leave entitlements employees in Brazil receive:
- Annual vacation in Brazil (férias). After 12 months of continuous service, employees are entitled to 30 calendar days of paid vacation. This must be taken within the following 12 months. Employers must also pay a mandatory vacation bonus equal to one-third of the employee’s monthly salary on top of normal pay.
- Sick leave in Brazil (licença médica). Employees who are unfit for work due to illness or injury are entitled to paid sick leave. The employer pays the full salary for the first 15 days. From day 16 onwards, the national social security system (INSS) takes over payment.
- Maternity leave in Brazil. Female employees with at least three months of service are entitled to 120 days of paid maternity leave. This applies to biological and adoptive mothers. The leave can begin up to 28 days before the expected birth date. Job protection applies from confirmation of pregnancy until five months after childbirth under Brazilian law.
- Paternity leave in Brazil. Fathers are entitled to five days of paid paternity leave at full salary, beginning from the date of the child’s birth. Companies enrolled in the Programa Empresa Cidadã can extend this to 20 days.
- Bereavement leave in Brazil. Employees are entitled to two paid days off following the death of an immediate family member, including a spouse, parent, sibling, or child.
- Marriage leave in Brazil. In Brazil, employees receive three consecutive paid days off for their own wedding.
- Medical appointment leave in Brazil. Under Article 473 of the CLT, employees are entitled to one paid day per year to attend a medical appointment for themselves or to accompany a child under six years of age.
- Breastfeeding breaks in Brazil. For the first six months after birth, mothers are entitled to two paid 30-minute breastfeeding breaks per working day. This period may be extended if medically certified.
What international companies need to know?
Unlike many countries where leave is managed through a single policy, Brazil’s leave obligations span multiple laws, including the CLT, the Federal Constitution, and the Social Security Benefits Law. Collective bargaining agreements (CBAs) can also add further entitlements on top of the legal minimums. Before hiring in Brazil, employers need to identify which CBA applies to their employees’ roles and sector, as this can change what leave is owed. Misapplication of CBAs is a common source of labour disputes and retroactive liabilities.
CXC manages leave entitlements for all employees engaged through its Employer of Record service in Brazil, ensuring every obligation is tracked and met without the employer having to monitor the rules themselves.
How many vacation days are employees entitled to in Brazil?
Employees in Brazil are entitled to 30 calendar days of paid vacation per year, which they earn after completing 12 consecutive months of service with the same employer, known as the período aquisitivo (accrual period).
This is one of the most generous statutory vacation entitlements in Latin America, and it comes with an important additional cost that many international companies underestimate: a mandatory vacation bonus (abono de férias) equal to one-third of the employee’s monthly salary, paid on top of their normal pay. This bonus must be paid at least two days before the vacation begins.
What employers need to know about vacation days in Brazil?
- 30 calendar days per year. This is the standard entitlement for employees with no unjustified absences. It applies to all CLT employees regardless of role, sector, or salary level.
- Earned after 12 months of service. The right to vacation accrues during the first 12 months of employment. The employer then has a further 12 months (the período concessivo) to schedule and grant the leave.
- Must be taken within a set timeframe. After an employee earns their vacation, the employer has 12 months to let them take it. If the vacation is not given within that time, the employer must pay it at double the normal amount. This is something companies new to Brazil often miss.
- Mandatory vacation bonus. On top of normal pay, employers must pay an additional one-third of the monthly salary as a vacation bonus. This is separate from the 13th-month salary and must be paid before the leave starts.
- Unjustified absences reduce entitlement. If an employee has unjustified absences during the accrual period, their vacation entitlement reduces as follows:
Unjustified Absences | Vacation Days Entitlement |
Up to 5 days | 30 days |
6 to 14 days | 24 days |
15 to 23 days | 18 days |
24 to 32 days | 12 days |
More than 32 days | 0 days |
Employees have the option to convert up to one-third of their vacation entitlement (10 days out of 30) into a cash payment. This is called abono pecuniário and must be requested by the employee, not imposed by the employer. If exercised, the employee takes 20 days of paid leave and receives cash in lieu of the remaining 10 days.
Unused vacation does not roll over
Unlike some countries, unused vacation days in Brazil cannot be carried forward to the next year. Any vacation not granted within the 12-month period must be paid at double the normal rate.
What this means for companies hiring in Brazil?
Employers cannot simply wait for employees to request time off. The obligation to schedule and grant vacation within the legal window sits with the employer, and failure to do so results in a direct financial penalty. Building a leave tracking system or working with a payroll provider who manages this automatically is the most reliable way to stay compliant.
CXC tracks vacation accrual and concessivo deadlines for all employees as part of its payroll and EOR service in Brazil, alerting clients before any deadline is at risk.
Can employers split vacation leave in Brazil?
Yes, employers can split vacation leave in Brazil into up to three separate periods, but only under specific conditions set out in the CLT, and new rules introduced in July 2025 have made the requirements stricter. Recent reforms have increased scrutiny on compliance with vacation splitting rules.
This is one area of Brazil’s leave policy that catches many international companies off guard. The rules around splitting vacation are detailed and getting them wrong can result in the split being treated as invalid, with the employer owing additional compensation to the employee.
Rules on splitting vacation leave in Brazil:
In Brazil, employees don’t always have to take their full vacation in one block. It can be split, but there are a few rules to follow.
- Vacation can be split into up to three periods. Instead of taking all days at once, employees can divide their leave into smaller blocks. This can be helpful for both the business and the employee, especially for planning workloads.
- One longer break is required. At least one of those periods must be a minimum of 14 consecutive days. This ensures the employee gets a proper rest period, not just short breaks.
- Shorter breaks still have minimum limits. The remaining periods must each be at least 5 consecutive days. You can’t split vacation into very short or scattered days.
- Employee agreement is important. Vacation splitting is not something the employer can decide alone. The employee must agree to how their leave is divided, and it’s best to confirm this clearly in writing. Lack of documented agreement may invalidate the split arrangement.
- Advance notice is required. Employers need to inform employees of their vacation dates at least 30 days in advance, and this should be done formally, not just verbally.
How long is maternity leave in Brazil?
Maternity leave in Brazil is 120 days (about 4 months) for most employees. In some cases, it can be extended to 180 days (6 months) if the employer participates in a government program.
For companies hiring in Brazil, this is a standard requirement under local labour rules and applies to most formal employment relationships.
Key things to understand about maternity leave in Brazil
- 120 days is the standard entitlement. This is the default maternity leave period under Brazilian labour law. It applies to most employees and is not optional.
- Extension to 180 days is possible. Some employers offer a longer leave of 180 days if they are enrolled in a government-backed program. This is more common among larger or more structured companies.
- Leave can start before or after birth. Employees can begin their maternity leave shortly before the expected birth date, with the remaining time taken after delivery.
- Leave is paid. Employees receive their salary during maternity leave. The cost is generally covered through Brazil’s social security system, rather than being a direct long-term cost to the employer.
- Job protection applies. Employees are protected from dismissal during pregnancy and for a period after the child is born. This means employers need to plan carefully before making any changes to the role. Protection extends until five months after childbirth under the Federal Constitution.
Maternity leave in Brazil is structured and strictly applied. For companies hiring in Brazil, especially for the first time, it’s important to factor this into workforce planning, role coverage, and timelines.
Getting this right from the start ensures a smoother experience for both the business and the employee.
Do employees receive full pay during maternity leave in Brazil?
Yes, employees in Brazil typically receive full pay during maternity leave.
During the standard 120-day maternity leave period, employees continue to receive their regular salary. However, this is not paid in the usual way by the employer alone. Instead, the payment is covered through Brazil’s social security system (INSS), with the employer handling the process and payroll administration.
While the employee remains on payroll, the cost of maternity leave is generally reimbursed through social security, which helps reduce the direct financial impact on the business. Reimbursement is subject to correct payroll processing and reporting; errors may delay recovery or create compliance exposure.
Key things to understand about payment of maternity leave in Brazil:
- Employees receive their full salary. Maternity leave is fully paid, based on the employee’s regular earnings. This ensures income continuity during the leave period.
- Payments are processed through payroll. Employers typically continue paying the employee as part of their normal payroll cycle, then recover the amount through social security mechanisms. Employers must ensure correct classification of payments to align with INSS reimbursement rules.
- Applies to both birth and adoption. Paid maternity leave is granted in both cases, with similar rules around payment and duration.
- Benefits and employment status continue. The employment relationship remains active during maternity leave. This means benefits, tenure, and other entitlements continue to accrue.
- Planning is still important. Even though salary costs are covered, companies still need to plan for workload coverage, especially in smaller teams or critical roles.
For companies new to Brazil, understanding how maternity leave works can help you stay compliant from the start, as payroll handling and reimbursement processes need to be done correctly.
Can maternity leave in Brazil be extended beyond the standard period?
Yes, maternity leave in Brazil can be extended beyond the standard 120 days, but this depends on the employer.
Under standard rules, maternity leave is 120 days. However, companies can offer an extended leave of 180 days (6 months) if they participate in a government program known as Empresa Cidadã. This extension is not automatic. It requires the employer to opt into the program and follow specific requirements.
Key things to understand about extending maternity leave in Brazil
- Extension to 180 days is optional. Employers can choose to offer an additional 60 days by joining the government program.
- More common in larger companies. Many multinational or well-established companies offer the extended leave as part of their benefits package.
- The extended period is also paid. The additional leave is still paid, although the structure of how it is supported may differ depending on the employer’s setup. Tax incentives may apply to employers participating in the Empresa Cidadã program.
For companies hiring in Brazil, extended maternity leave can impact workforce planning and timelines, especially for smaller teams. It’s important to decide early whether to offer only the standard leave or include the extension as part of your benefits approach.
Offering extended leave can support employee retention and employer branding, but it also requires clear planning around role coverage and internal processes.
What is the sick leave policy in Brazil?
In Brazil, sick leave is paid, but the responsibility is shared between the employer and the social security system. The employer pays for the first 15 days of absence, and if the employee is still unable to work after that, the government takes over through social security (INSS).
For companies hiring in Brazil, this split is important to understand because it affects both payroll and how leave is managed over time.
What you need to know about sick leave policy in Brazil?
- First 15 days are employer-paid. If an employee is sick, the employer continues paying their full salary for up to 15 consecutive days. This is handled through normal payroll.
- From day 16 onwards, social security applies. If the illness continues, the employee must apply for a sickness benefit through INSS. Payments are then made directly by the government, not the employer.
- Medical documentation is required. Sick leave must be supported by a valid medical certificate. Without it, the absence may not qualify as paid leave.
- Employment status changes during long leave. After 15 days, the employment contract is temporarily suspended while the employee is receiving INSS benefits. The employee is still linked to the company but not actively working.During suspension, certain obligations (such as salary payment) cease, but the employment relationship remains legally active.
- Return-to-work may require approval. In some cases, especially after long absences, the employee may need medical clearance before returning to work.
For international companies, sick leave in Brazil is not just about approving time off. It involves coordination between payroll, documentation, and social security. Getting the process right ensures compliance and avoids delays or disputes, especially in longer-term cases.
What should employers know about leave policy compliance in Brazil?
Leave policies in Brazil are detailed and structured, and most of them are defined by law rather than company preference. This means employers have limited flexibility and need to follow specific regulations on how leave is granted, recorded, and paid.
Key things to keep in mind about leave policy in Brazil
- Leave types are set by law. Vacation, maternity leave, sick leave, and other entitlements are regulated. Employers cannot reduce these rights or apply their own variations.
- Deadlines and timing are important. Many leave types come with strict timelines. For example, vacation must be granted within a specific period and missing that deadline can lead to financial penalties.
- Documentation is required. Employers need to keep clear records, including written notices, employee agreements, and medical certificates where applicable.
- Payroll handling must be accurate. Leave payments often follow specific rules. Errors in calculation or timing can create compliance issues.
- Collective agreements may apply. Depending on the industry, additional requirements may exist beyond the standard rules. Employers must identify and apply the correct CBA to ensure full compliance.
For companies hiring in Brazil, compliance issues often come from small details being missed rather than major decisions. Setting up clear processes from the start helps reduce risk and ensures a consistent experience for employees. Partnering with a reliable EOR provider like CXC can help you manage these requirements and stay compliant from day one.
What are the legal risks of non-compliance with leave policies in Brazil?
Non-compliance with leave policies in Brazil can lead to financial penalties, employee claims, and operational disruption. Labour laws in Brazil are actively enforced, and employees are well protected, which means mistakes in leave management can quickly turn into formal disputes.
The risk is often not intentional non-compliance, but gaps in understanding how detailed the requirements are.
What you need to keep in mind about leave policies in Brazil to stay compliant?
- Employees can file claims. Disputes related to unpaid leave, incorrect calculations, or denied entitlements are common in labour courts.
- Back payments may be required. Employers may need to pay outstanding amounts, including benefits and penalties, sometimes covering long periods.
- Lack of documentation increases exposure. If records are incomplete or unclear, it becomes difficult to defend decisions in case of a claim.
- Reputational impact can follow. Repeated compliance issues can affect employee trust and employer reputation, especially in competitive hiring markets.
For international businesses, these risks can be higher when entering Brazil for the first time. Having clear processes and accurate handling of leave reduces exposure and helps avoid costly mistakes. Labour litigation risk remains high, with claims often filed years after the employment relationship ends.
Why do global businesses rely on CXC for leave management in Brazil?
Global businesses rely on CXC for leave management in Brazil because the requirements are detailed, time-sensitive, and require local knowledge to manage correctly. For companies operating across multiple countries, keeping track of different rules can quickly become complex.
Leave management in Brazil is not just about tracking time off. It also involves ensuring compliance with local laws, managing payroll correctly, and maintaining proper documentation at every stage. This includes compliance with CLT requirements, collective bargaining agreements (CBAs), and statutory reporting obligations.
How CXC can help you?
- Local expertise to avoid costly mistakes. CXC supports companies in applying Brazilian leave rules correctly from the start, reducing the risk of errors.
- End-to-end management. This includes tracking entitlements, managing approvals, handling payroll adjustments, and keeping records up to date. Accurate payroll integration is critical, as leave payments are subject to specific calculation and timing requirements.
- Consistency across teams. This ensures that leave policies are applied fairly and consistently across employees, even in different roles or locations.
- Support for more complex situations. Longer-term sick leave, maternity leave, and overlapping entitlements require careful handling, which CXC helps manage. Complex cases often involve coordination with social security (INSS) and require precise documentation.
- Reduced administrative workload. Internal teams do not need to manage detailed local processes on their own, allowing them to focus on business priorities.
For companies expanding into Brazil, having the right support makes it easier to stay compliant and avoid operational issues. It also ensures employees have a smooth and consistent experience when taking leave, which supports retention and overall satisfaction. Proactive compliance monitoring reduces exposure to labour claims and financial penalties.
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