Brazil Supreme Court equalizes maternity leave for biological and adoptive mothers

The Supreme Federal Court (STF) has unanimously approved a ruling to equalize maternity leave for biological and adoptive mothers. Under the decision from Action of Unconstitutionality (ADI) 7495, the paid leave period is set at a base of 120 days, extendable by an additional 60 days, regardless of the child's age or the mother's employment regime.

The ruling applies to workers under the Consolidation of Labor Laws (CLT), civil and military public servants, and members of the Public Ministry. While the court granted the equalization, it rejected a proposal by the Prosecutor General's Office (PGR) to allow the free sharing of parental leave between mothers and fathers.

In a separate legal development, the Attorney General's Office (AGU) successfully defended a decision by the Regional Uniformization Panel of the 3rd Region regarding maternity benefits for individual contributors. The court maintained that maternity pay is not due if an individual contributor continues to make mandatory social security payments for 120 days after childbirth without proving they ceased remunerated professional activities.