Topic: What the law gives you after a child is born
How does Brazil mark What the law gives you after a child is born?
Everyday topic
Brazil's maternity leave is 120 days, set out in Article 392 of the Consolidation of Labour Laws: a pregnant employee is entitled to 120 days of leave without loss of her job or her salary. Paragraph 1 of the same article lets her choose when it starts — on a medical certificate, the departure from work may fall anywhere between the 28th day before the birth and the birth itself, so when to begin is her decision and not the employer's. There is also a route upward: Law 11,770 of 2008 created the Citizen Company Programme, under which a company that joins may extend the leave by a further 60 days, for 180 in total, provided the employee applies before the end of the first month after the birth; the same extension applies to those who adopt or obtain judicial custody for adoption. Brazil therefore runs a statutory floor that covers everyone and, above it, a voluntary extension driven by a tax incentive.
What is this topic?
Taiwan's Labour Standards Act gives eight weeks of maternity leave, fully paid after six months of service. Japan's goes further in a different direction: Article 65 forbids an employer to let a woman work for eight weeks after birth — not a right but a prohibition. Brazil's Consolidation of Labour Laws sets 120 days. Indonesia's Law 4 of 2024 sets a floor of three months and a further three if needed, with the wage percentage written out month by month. The American FMLA says in plain words that the leave "may consist of unpaid leave". And India is stranger still: the constitution requires the state to provide maternity relief, in a part the constitution itself says no court may enforce.
Sources and dates
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