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ARTICLE · 12 MARCH 2013

Father Will Have Paternity Leave Of Four Months

Vieira Rezende Advogados
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The Federal Court of Campinas has granted the right to a father to be absent from work for 120 days and receive paternity leave, which must be paid by the National Institute of Social Security on the same basis as maternity leave.

BrazilEmployment and HR

The Federal Court of Campinas granted the right to a father to be absent from work for 120 days and receive paternity leave, which must be paid by the National Institute of Social Security (INSS) in the same basis as maternity leave.

According to judge Rafael Andrade de Margalho of the Special Federal Court of Campinas, as there is no specific law to deal with cases related to maternity leave to be granted to the father in the same basis as the one granted to the mother of the newborn, this does not prevents the judge, excelling by the principles and fundamental guarantees foreseen in the Federal Constitution, to grant the protection of childhood as a social right.

The plaintiff of the request reports that after the termination of the relationship, his ex-girlfriend found out the pregnancy, however, after the birth, she did not want to see or breastfeed the child.

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