Recently, significant changes have occurred regarding paternity leave. In short, some parents will have more days off work, with full pay, to be able to monitor their child's early days more closely.
Ivani Contini Bramante, a professor at the São Bernardo Law School and an expert in Labor Law, points out that? Paternity leave, provided for in Articles 7, XIX, 10, § 1 of the Transitional Constitutional Provisions Act? ADCT and 473, III, of the CLT, means the possibility that the father may be absent from work to provide assistance to the mother and child and also to make the civil registration of the newborn child?
Previously, the period of paternity leave was 5 days. ? With the publication of Law 13.257 / 2016, the license becomes 20 days. Under the new legislation, the father may also have paid time off to accompany the pregnant woman in prenatal and pediatric consultations. He will have up to two days to accompany the woman to medical appointments during pregnancy and one day to take the child of up to six years to the doctor ?, says the expert.
However, it is worth noting that not all parents are entitled to these benefits. "Employees in companies linked to the Corporate Citizen program, created by Law 11.770 / 2008", are entitled to a longer period, "explains Ivani.
Paternity Leave Frequently Asked Questions
Below, Ivani answers the main questions regarding paternity leave rules.
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1. How is paternity leave counted?
• Paternity leave counts should start on a business day from the date of birth. Business day because it is a paid leave, in which the employee may be absent from work without labor implications ?, explains the expert.
For example, if the child is born on a Thursday night, the leave will start from Friday. If the child is born on a Friday, the license will start running from Monday (with a view to starting on a business day).
2. What are the obligations of the father who takes the 20-day leave?
“Parents who take extended leave have an obligation to prove participation in a responsible parenting program or activity,” says Ivani.
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Fathers and mothers cannot yet perform any paid work during leave, and the child must be kept in their care.
3. Are the new rules valid for parents of foster children?
The new rules also apply to employees who adopt children, as Ivani points out.
4. Will the father who takes leave receive all his salary?
Yes. "During the period of leave the father will be entitled to full compensation," says the expert.
5. What is the Early Childhood Regulatory Framework?
? The Early Childhood Regulatory Framework is the statute that establishes principles and guidelines that oblige federal, state and municipal governments to create and execute public policies in the areas of health, education, food and family life for children from zero to six years old ?, answers Ivani.
6. How important is the extension of paternity leave?
"The extension of the license is important because it allows the father direct care in the early days and helps strengthen the bond with the baby at this moment so important to the family life," explains Ivani.
7. According to the new rules, how is the situation of public servants?
The Early Childhood Regulatory Framework does not change the rules in this case. "The period is defined by the body or administration, but respecting at least the 5 days provided by law," says Ivani.
8. What are the benefits for the extended license company?
She may deduct from federal taxes the total compensation of the employee on the days of paternity leave extension. The rule only applies to companies that have taxation on real profit ?, explains the expert.
9. What is the Citizen Company Program? Can any company be part of the Program?
It is a program created by the government in 2008. From the beginning, it provides tax exemption for companies that agree to increase from 4 to 6 months the maternity leave of their employees.
Now, companies linked to the program now offer 20-day paternity leave.
The company wishing to be part of the program must place the order exclusively on the website of the Federal Revenue Secretariat of Brazil (RFB).
10. Who will pay? the license of 20 days?
The Citizen Company program allows the company to deduct from income tax. Does the rule apply to companies that have real profit taxation?
11. Is every parent entitled to paternity leave?
Yes, the Federal Constitution of 1988 provides that man is entitled to 5 days of paternity leave. However, it is worth remembering that not everyone is entitled to extended leave, only those employees of companies linked to the Citizen Company Program. If the company does not adhere to this program, will its employees continue to enjoy the 5-day period ?, highlights Ivani.
Why Paternity Leave Matters
With more days of leave, not only parents benefit, but the whole family. Among the main advantages of the extended license are:
- The first days of the child's life represent an important period for the establishment of emotional bonds: she begins to keep voices, smells, touches. Thus, it is good that father and mother are experiencing this with the baby, while he will be building his references.
- For men, staying away from work for more days is an opportunity to actively participate in early childcare, to strengthen their role in the family more quickly.
- For the mother, having a partner around in the early postpartum days is important to relieve the (often overworked) routine, as it should help with the care of the baby, as well as any other activity that is needed.
- With the father more days at home during paternity leave, the bond between the couple is also strengthened, as they will be able to fully share unique moments that will be forever marked in family history.
- The expansion of paternity leave tends to make the man more satisfied with the company in which he works. After all, if he is there working, but with his head and every concern at home, thinking about how the baby's early days are, he tends to work unmotivated, dissatisfied. On the other hand, recognizing that the company is concerned about its well-being and that of its family, tends to return the attention given to return to work, which positively influences the results of the entire team.
- The expansion of paternity leave can still be seen as an important advance, thinking about the equality of rights and duties between genders.
Recalling that mothers and fathers have equal rights and duties with regard to childcare, paternity leave is critical for men, women and children. In this sense, the expansion of paternity leave represents a significant gain for the whole family.
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