STF decides to equalize maternity leave for biological and adoptive mothers
The Court unanimously established a paid leave of 120 days for all mothers, with the possibility of extension for another 60 days.
TL;DR
- The Supreme Court has established a unanimous decision for 120 days of paid maternity leave for all mothers, with a potential 60-day extension.
- The leave period's start date is determined by the latest occurrence among hospital discharge (mother or newborn), adoption, ninth month of pregnancy, childbirth, or obtaining custody for adoption.
- This ruling applies to both public sector statutory employees and private sector CLT workers, prohibiting distinctions based on the type of professional vínculo.
- The decision equalizes leave for biological mothers (previously 120 days federally) and adoptive mothers (previously varied based on child's age), addressing disparities criticized by Justice Moraes.
- The Procuradoria-Geral da República initiated the action to universalize rules and eliminate disparities, building on a previous STF decision limited to the Judiciary.
- The proposal to share parental leave among family members was rejected.