Brazil reinforces parental leave protections for public servants

The National Council of the Public Ministry (CNMP) has issued an injunction ensuring that maternity, paternity, and adoption leaves are counted as effective service during the probationary period for public prosecutors. This decision specifically impacts the Public Ministry of Rio Grande do Sul, overturning a local ruling that had sought to exclude these leaves from the two-year probationary count.

The CNMP decision aligns with Supreme Federal Court (STF) precedents and National Council of Justice (CNJ) regulations, emphasizing gender equality, the protection of motherhood, and family planning. The measure does not waive functional evaluation requirements but ensures that leave periods do not hinder the tenure process.

Separately, the STF has unified criteria for maternity leave, guaranteeing 120 days—with potential extensions—for both biological and adoptive mothers. This ruling eliminates distinctions based on the origin of filiation and ensures that leave periods for cases involving prolonged hospitalization begin only after the mother or child is discharged, prioritizing the child's best interests and family bonding.