CLT Maternity and Paternity Leave Calculator
Computes Brazilian CLT maternity (120 default or 180 Empresa Cidada) and paternity (5 default or 20 extended) leave duration from a starting date.
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How CLT maternity and paternity leave work
The CLT (art. 392) gives any employee on a formal contract 120 calendar days of maternity leave, paid as salário-maternidade by the INSS, or by the employer who then offsets it. Fathers get 5 calendar days counted from the birth (CLT art. 473 and ADCT art. 10). If the company has joined the Empresa Cidadã program (Lei 11.770/2008), those numbers stretch to 180 days for the mother and 20 days for the father, and the extra time is covered by a federal tax credit (IRPJ). Adoption has fallen under the same rules since 2008.
Take a baby born on 2026-05-15. The mother's leave runs 2026-05-15 to 2026-09-11 (120 days), or out to 2026-11-10 (180 days) under Empresa Cidadã. The father covers 2026-05-15 to 2026-05-19, or until 2026-06-03 with the extension. None of this pauses the employment contract. Vacation, 13th salary and FGTS keep accruing the whole time.
Brazilian context
People reach for this when planning a family, drafting HR policy, or filing an INSS salário-maternidade claim. On medical advice, the leave can begin up to 28 days before the due date. Self-employed and individual contributors (MEI, contribuinte individual) qualify for salário-maternidade too, once they have 10 monthly contributions. Joining Empresa Cidadã stays optional for private firms, but federal direct administration has been required to offer it since Lei 13.257/2016.
FAQ
Does Empresa Cidadã extension apply to every company? No, only to employers that have formally enrolled. Most of them file under Lucro Real, because the benefit works as an IRPJ deduction.
Are weekends and holidays counted? Yes. Both kinds of leave run in calendar days, so business days don't enter into it.
What if the baby is hospitalized after birth? When a newborn stays in hospital past 2 weeks, Lei 14.457/2022 pauses the leave count, which picks back up after discharge.
Can the father take paternity leave at a later date? No. The 5 (or 20) days have to begin at the birth or adoption order, taken back to back.
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