Brazil issues guidelines for work leave for domestic violence victims

The Brazilian Attorney General's Office (AGU) has issued a legal opinion to ensure that women victims of domestic violence can take protective leave from work without losing their income. Following a Supreme Federal Court (STF) decision, the guidelines clarify the financial responsibilities during a court-ordered leave of up to six months.

For employed women covered by the National Social Security Institute (INSS), the employer is responsible for salary payments during the first 15 days of absence. From the 16th day onward, the INSS assumes full payment. For women who are not currently employed but are covered by social security, the INSS will cover the entire period. The AGU opinion specifies that the INSS must comply with these orders without requiring medical expertise or proof of work incapacity.

In cases where women lack social security coverage, the judiciary is tasked with identifying the responsible state, federal, or municipal entity to provide social assistance, ensuring the victim does not lose her means of subsistence. The measure aims to prevent women from having to choose between their physical safety and their financial survival.