STF Equalizes Maternity Leave for Biological and Adoptive Mothers

Overview

• The Supreme Federal Court issued a unanimous decision on Sept. 23 that biological and adoptive mothers must receive identical paid maternity leave.
• The Court set a 120-day core paid leave that can be extended by 60 days, creating a uniform maximum of up to 180 days for eligible mothers.
• The counting of leave begins at the latest of these events: the ninth month of pregnancy, the birth, hospital discharge of mother or newborn, the adoption, or obtaining custody for adoption.
• The rule applies to workers covered by the Consolidation of Labor Laws (CLT) and to statutory public servants, and it takes effect for new leaves and for licenses already in progress but does not change finalized cases.
• The Court rejected the PGR's request to allow judicially sanctioned parental-leave sharing and left any change to how leave is divided within a family to Congress while grounding the decision in equality and protection of the child.