In today’s article we will highlight the rights of Brazilian workers, especially family parents, who have only received the right to have Paternity Leave in recent years.
It is also worth mentioning that, until a few years ago, only women had maternity leave. However, with the implication of paternity leave, many parents had the opportunity to participate more actively in the early days of their children’s birth.
If you do not know how this license works, or how it can be requested by the worker, check out our content, as we will clarify these and many other issues.
Enjoy and make a good read!
Paternity Leave: What is it?
As mentioned earlier, for a long time only women were entitled to maternity leave and with legal support when they earned their children.
Because of this, in recent years, much has been discussed about the importance of allowing men to participate more effectively in the life of the family, especially soon after the delivery of their companions.
With this, in 2008 was implemented this law that grants paternity leave that follows in vogue to the present day, although it has undergone some adjustments over time.
This license is mandatory for persons who are contracted by CLT regime, and it is valid throughout the national territory and can have a duration of up to five working days renumbered.
How does Paternity Leave work?
From the moment the working man earns a child, he will have a guaranteed support in law to be able to accompany the child’s mother, and the child himself, for a period of 5 working days.
It is a way to insert more men in the creation of their children and not only to hold mothers responsible in this postpartum stage, which is considered so complicated for the child’s mother, and that for a long time left Brazilian mothers without any support from the father figure, since these men were not released from the companies.
It is also worth mentioning that some companies see this period of 5 days as too short so that a father can follow the first days of the child and give all the necessary support to the companion.
Thus, it is common to see companies that extend this period to up to 20 days or more, depending on the management of the company.
But this is due to law 13,257 of March 8, 2016, which ended up changing several provisions of the Child and Adolescent statute, CLT and other legal provisions.
Among them, the law amended Article 38 of the ECA (Statute of the Child and Adolescent) and instituted the Citizen Company, which ended up directly impacting the paternity leave program.
|Art. 1 – The Citizen Enterprise Program is established, aimed at extending:
II – for 15 (fifteen) days the duration of paternity leave, pursuant to this Law, in addition to the 5 (five) days set forth in paragraph 1 of Article 10 of the Transitional Constitutional Provisions Act.
Do all workers have the right?
They will be entitled to request this type of benefit, both consanguineous parents and adoptive parents, and they receive the benefit, as soon as the child is born, so that they can follow these first days with the child’s mother, giving all the necessary support.
In addition, you must follow some prerequisites for claiming the benefit:
- The company that the father works in must have voluntarily adhered to the Citizen Company Program;
- And if she has joined, the father needs to apply for leave within two working days after delivery and also prove participation in a program or orientation activity on responsible paternity.
Important note: This program, or orientation activity goes up in parenthood, is nothing more than a course for the father, which will help him learn how to cope best with parenthood. The interesting thing, in this case, is that you can take this course, even online, over the internet, and without having to leave home.
See through the following link a fantastic course option on the official website of I’ll Be Father, which you can make and use for verification purposes when applying for the benefit: https://www.vouserpai.com.br/
However, if your child is born in a period when you are already on vacation, for example, it may be that the company does not grant the benefit, since it is granted exclusively during the period of the child’s first days of life.
However, if your child is born a few days to go on vacation, you can enjoy your paternity leave and then go on vacation automatically.
How do I apply for Paternity Leave?
If you want to know what needs to be done to be entitled to this type of program, just present your birth certificate to the Human Resources sector of the company where you work, or directly to the company manager, because depending on the size of the institution, there may not be a human resources sector.
How is the salary in the period
During the period granted paternity leave, the contracting companies of the father of the family, may not make any kind of salary discount to the employee.
In this way, you will normally receive for the days granted paternity leave, as if you were in full performance of your work functions.