Brazil Supreme Court equalizes maternity leave for biological and adoptive mothers

The Brazilian Supreme Federal Court (STF) has unanimously decided to equalize maternity leave for biological mothers and adoptive parents. Under the new ruling, all mothers are entitled to 180 days of paid leave, consisting of the standard 120 days plus a 60-day extension, regardless of their employment status or professional regime.

The decision, rapporteur Minister Alexandre de Moraes noted, aims to facilitate the formation of emotional bonds with the child and aligns with World Health Organization and UNICEF guidelines. The ruling applies to private sector workers, public servants, and outsourced employees. For cases involving hospitalization, the leave period begins upon the discharge of either the mother or the newborn, whichever occurs last.

Following the ruling, the Attorney General's Office (AGU) intends to issue an executive opinion to guide the National Institute of Social Security (INSS) on implementation. While the 60-day extension was previously optional for many employers, the federal government seeks to ensure the full 180-day period is mandatory to eliminate distinctions between types of motherhood. This shift is expected to result in significant fiscal costs, potentially reaching billions of reais.