Brazil's labor laws, primarily governed by the Consolidated Labor Laws (CLT), provide comprehensive regulations regarding employee leave entitlements. These provisions ensure that workers receive adequate time off for rest, personal matters, illness, and family events, contributing to employee well-being and compliance within the workforce. Understanding these entitlements is crucial for employers operating in Brazil to ensure adherence to legal requirements and maintain positive employee relations.
Managing leave effectively requires navigating specific rules for accrual, timing, payment, and documentation for various types of absence. The following sections detail the key leave categories mandated by Brazilian law, offering clarity on entitlements for the upcoming year.
Annual Vacation Leave
Employees in Brazil are entitled to paid annual vacation leave after completing 12 months of service with the same employer, known as the "acquisition period." The entitlement is proportional to the length of service within this period.
- Full Entitlement: After 12 months of service, an employee is entitled to 30 calendar days of paid vacation, provided they have not had more than 5 unexcused absences during the acquisition period.
- Proportional Entitlement: If an employee has more than 5 unexcused absences during the acquisition period, the vacation entitlement is reduced according to a specific scale defined by law.
- Vacation Pay: Employees receive their regular monthly salary plus an additional one-third (1/3) of their salary as a vacation bonus. This payment must be made up to two days before the vacation period begins.
- Timing: The employer determines the timing of the vacation within the 12 months following the acquisition period (the "concession period"). Vacation can be taken in one continuous period or, under specific conditions and with employee agreement, split into up to three periods, with one period being at least 14 calendar days and the others being at least 5 calendar days each.
- Vacation Sale (Abono Pecuniário): Employees have the right to "sell" up to one-third (1/3) of their vacation days back to the employer. This must be requested by the employee up to 15 days before the end of the acquisition period.
Public Holidays and Observances
Brazil observes several national public holidays throughout the year, which are typically paid days off for employees. In addition to national holidays, states and municipalities may also declare their own local holidays.
- National Public Holidays: Employees are generally entitled to a paid day off on national public holidays. If an employee is required to work on a public holiday, they are typically entitled to receive double pay for that day or compensatory time off.
- State and Municipal Holidays: Local holidays also grant employees a paid day off in the respective regions.
- Bridge Days (Pontes): While not legally mandated holidays, it is common practice for employers to grant "bridge days" when a holiday falls on a Tuesday or Thursday, creating a long weekend. This is usually subject to collective bargaining agreements or company policy.
Here is a list of the national public holidays typically observed in Brazil:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day (Confraternização Universal) |
| Variable | Carnival (Ponto Facultativo - often treated as holiday) |
| Variable | Good Friday (Sexta-feira Santa) |
| Variable | Easter Sunday (Páscoa) |
| April 21 | Tiradentes' Day |
| May 1 | Labour Day |
| Variable | Corpus Christi (Ponto Facultativo - often treated as holiday) |
| September 7 | Independence Day |
| October 12 | Our Lady of Aparecida |
| November 2 | All Souls' Day |
| November 15 | Republic Proclamation Day |
| December 25 | Christmas Day |
Note: Carnival and Corpus Christi are officially "optional holidays" (pontos facultativos) at the national level, but are widely observed and often treated as mandatory paid holidays by states, municipalities, or collective agreements.
Sick Leave Policies and Pay
Employees in Brazil are entitled to paid sick leave when they are unable to work due to illness or injury, supported by a medical certificate.
- First 15 Days: For the first 15 consecutive days of absence due to the same illness or injury, the employer is responsible for paying the employee's full salary.
- After 15 Days: If the absence extends beyond 15 days, the employee becomes eligible for sickness benefit (Auxílio-Doença) from the National Social Security Institute (INSS). The INSS pays a monthly benefit based on the employee's contribution history.
- Medical Certificate: To justify the absence and receive sick pay, the employee must present a valid medical certificate (atestado médico) from a qualified physician.
- Employer Verification: The employer may require the employee to be examined by a company-designated physician or the INSS medical board to verify the illness or injury, especially for longer absences.
Parental Leave
Brazilian law provides for various types of parental leave, including maternity, paternity, and adoption leave.
- Maternity Leave (Licença Maternidade):
- Duration: 120 days (approximately 4 months). This period can start up to 28 days before the expected birth date or on the date of birth.
- Pay: The employee receives her full salary during maternity leave, which is typically paid by the employer and then reimbursed by the INSS.
- Stability: Pregnant employees and those on maternity leave have job stability from the confirmation of pregnancy until five months after childbirth.
- Paternity Leave (Licença Paternidade):
- Duration: 5 days, starting from the first business day after the birth of the child.
- Pay: Paid by the employer.
- Extended Paternity Leave: Companies participating in the "Empresa Cidadã" program can voluntarily extend paternity leave by an additional 15 days, totaling 20 days. During the extended period, the employer pays the salary and receives tax incentives.
- Adoption Leave:
- Duration: 120 days for the employee who adopts or obtains judicial custody of a child up to 12 years old.
- Pay: Similar to maternity leave, paid by the employer and reimbursed by the INSS.
- Stability: The adopting employee also has job stability for five months after the adoption or custody is granted.
Other Types of Leave
Beyond the primary categories, Brazilian labor law and common practice recognize several other types of leave for specific circumstances.
- Bereavement Leave (Licença Nojo): Employees are entitled to 2 consecutive days of paid leave in case of the death of a spouse, ascendant (parent, grandparent), descendant (child, grandchild), sibling, or dependent declared in their social security record.
- Marriage Leave (Licença Gala): Employees are entitled to 3 consecutive days of paid leave following their marriage.
- Blood Donation Leave: Employees are entitled to 1 day of paid leave every 12 months for voluntary blood donation.
- Jury Duty Leave: Employees are granted paid leave for the time required to serve on a jury.
- Military Service Leave: Employees are granted paid leave for the time required to fulfill mandatory military service obligations.
- University Entrance Exam Leave: Employees are granted paid leave on the days they are taking university entrance exams (vestibular).
- Study Leave (Licença para Qualificação): While not mandated by the CLT, some collective bargaining agreements or company policies may grant paid or unpaid leave for employees to pursue further education or training.
- Sabbatical Leave: Sabbatical leave is not a statutory right but may be granted based on company policy, collective agreements, or individual negotiation, typically for extended periods of personal or professional development.
