Last updated on June 10, 2026.

Paid Time Off (PTO) in Brazil

2025 Update

Since July 2025, the new Brazilian leave law has brought changes to rules about vacation that affect both employees and employers. These recently approved changes directly affect how vacations should be communicated, granted and even supervised.

There are 3 new rules:

1 Vacation notice in writing and at least 30 days in advance.

Employers must provide employees with formal notice of their vacation start date at least 30 days in advance. Verbal communication or short-notice announcements are not permitted anymore; notification must be provided in written form (paper or electronic) and formally confirmed by the employee through a signature or explicit acknowledgement.

2 Vacation day splitting requires stricter minimum periods.

Splitting vacation into multiple periods is now more restricted. When vacation days are divided into three segments, the first interval must be at least 14 calendar days, and the others may not be less than 5 days. Less than a week’s rest is banned.

3 “Right to Disconnect” during vacation.

During the vacation, the employee can’t be triggered by calls, messages or meetings. If this happens, the company may be fined for violating the rest period.

The amended Brazil leave laws accelerate enforcement by automatically imposing sanctions on employers who breach vacation rules—such as failing to provide accrued leave within statutory deadlines—eliminating the need for employees to pursue court action. Violations like ignoring the 30-day notice requirement now trigger immediate legal penalties, administrative fines, heightened exposure to labor disputes, and reputational harm.

Employees may still convert up to one-third (10 days) of their accrued vacation into cash compensation, if the employer agrees.

Vacation (Annual Leave) Quota

30 days

Employees under the regular CLT (Consolidação das Leis do Trabalho) regime are entitled to 30 calendar days of paid vacation per year, in addition to public holidays. Employees are entitled to this annual leave after working for the company for 12 months, known as the vesting period (período aquisitivo). Vacation must be taken within 12 months after this period (período concessivo); otherwise, the company may be punished.

Accrual Period

Every 12 months, an employee acquires the right to take vacation leave. The accrual period of 12 months of continuous work that entitles an employee to vacation is called the “período aquisitivo.” After the accrual period, the following 12 months during which vacation is given begin (período concessivo).

The number of unexcused absences during the accrual period can reduce the number of vacation days:

Taking a Vacation

Vacations can be divided into up to 3 periods, as long as one period is at least 14 calendar days and the others are at least 5 calendar days each. It is up to the employer to decide when the employee can take vacation, although some companies allow employees to choose the period.

Carry Over

Unused vacation days can be carried over to the next year, but they must be used by April 30th of that year. Additionally, the combination of vacation days from previous and current years is allowed under specific conditions.

Vacation Pay and Bonus

Workers have the right to paid vacation, with at least ⅓ more than their regular salary. The amount must be paid at least 48 hours before the start of the vacation.

Cash Allowance

Up to 10 days (⅓ of vacation) may be cashed out.

Vacation leave is a worker’s right, and the law does not allow the conversion of the entire period into cash, or “selling vacation.”

However, employees can convert ⅓ of their vacation period into a cash bonus. This means they can “sell” 10 days of vacation to their employer. In this case, the worker takes 20 days of paid vacation (salary + ⅓) and works 10 days, which will also be remunerated proportionally.

Additional Info

There are two more types of vacations besides individual vacations: collective vacations and breaks.

Collective Vacations

Generally granted during periods of low demand, such as the end or beginning of the year, collective vacations can be given to a specific sector or the entire company. They can occur in up to two periods per year, with none being shorter than 10 calendar days. Employees with less than 1 year of employment can also take collective vacations, proportional to the time worked, with the remainder being paid as paid leave.

The payment rules for collective vacations are the same as for individual vacations, including the additional one-third. Collective vacations count as part of individual vacations.

Breaks

Breaks (recesso) are periods of rest granted by the company to employees at the employer’s discretion, without legal backing. They must not affect the employees’ vacation balance, time bank, or salary. Breaks are not subject to the additional ⅓ remuneration that applies to vacations, and careful planning is needed to ensure compliance with labor laws.

Other Types of Workers

The rules for federal civil employees are similar to those for regular CLT employees. The difference is that public service workers can accumulate up to two periods of vacation if necessary for the service. For state and municipal public servants, the state or municipal legal regime must be observed. For workers under a legal entity regime, the contract with the company applies.

Payment for Unused Vacation Leave

Must be paid.

If the worker is fired or resigns, any accrued but unused vacation must be paid in cash. If the employee has less than 1 year of service, the law guarantees compensation proportional to the length of service provided if the dismissal is without just cause or when a fixed-term contract ends. Employees with more than 1 year of service are also entitled to proportional vacation, as long as the dismissal is not for just cause.

Sick Leave in Brazil

Unlimited number of days - different payers depending on the length

Employees who are sick or injured are entitled to paid sick leave. There is no set limit on how long an employee may remain on sick leave.

To have authorized leave and receive benefits, an employee must present their employers with an official doctor’s note within 48 hours of the first day of sickness.

Payout

Sick leave is paid as follows:

Social security provides sick leave benefits only to employees who have worked for their employer for at least 12 months. Once an employee begins receiving INSS social security payments, they are protected from dismissal for up to one year after they resume work.

Maternity and Paternity Leave

Maternity Leave in Brazil

120 days (could be extended to 180 days)

Pregnant employees in Brazil are entitled to up to 120 days of paid maternity leave. This is approximately 17 weeks (4 months).

To be eligible, an employee must have been employed for at least three months in the company.

Employees on maternity leave are entitled to keep their jobs and are protected from being fired without cause from the date of conception until 5 months after the birth of a child.

The federal government provides an optional program called Programa Empresa Cidadã, which allows private companies to grant employees an extra 60 days of paid maternity leave, which makes it a total of 180 days (6 months). This is funded directly from their corporate tax contributions.

Payout

Maternity leave in Brazil is initially paid by the employer, but the government repays this money in tax deductions during the same month. An employee receives their regular salary, without a cap.

Paternity Leave in Brazil

5 days (could be extended to 20 days)

An employee who becomes a father is entitled to 5 days of paternity leave, paid at 100% of his salary.

Similar to maternity leave (as described above), the Programa Empresa Cidadã may allow an additional 15 days of paternity leave, bringing the total to 20 days. To be eligible for this benefit, an employee must meet certain program requirements.

Payout

The employer pays paternity leave, but this amount can be reimbursed through tax deductions.

Adoption Leave in Brazil

Employees receive the same leave benefits and rights that apply to maternity and paternity leave in case of adoption.

Bereavement Leave in Brazil

2 consecutive paid days

Employees in Brazil are typically entitled to 2 consecutive paid workdays of bereavement leave due to the death of a parent, spouse, sibling, child, grandchild, grandparent, or anyone economically dependent on the employee and registered as such in their employment records. Nevertheless, collective agreements may in many cases extend this leave to up to 5 days, and certain regulations also allow it to cover additional relatives, such as a stepfather, stepmother, parents-in-law, or brother/sister-in-law.

An employee is required to provide supporting document, such as death certificate.

Payout

Paid by the employer.

Jury Duty Leave in Brazil

Paid leave, as required by the court.

An employee may be called to serve on a jury, or as a witness for cases involving specific crimes. When this happens, employers must grant paid leave for time spent on jury duty, but the employee must submit the jury summons letter to their employer/HR department.

Payout

Paid by the employer.

Military Leave in Brazil

Unpaid leave

Employees who are called to fulfill military service in Brazil are granted unpaid leave and protected from losing their jobs during this period. They do not receive a salary while serving, but once their service ends, they must return to the same position they held before.

While an employee is called for mandatory military service, the civilian employment contract is suspended.

Payout

Military leave in Brazil is unpaid by the employer. However, an employee shall receive pay and benefits directly from the Brazilian Armed Forces.

Marriage Leave in Brazil

3 paid days

An employee who is getting married is entitled to up to 3 consecutive days of paid marriage leave. This is the legal minimum, although certain collective bargaining agreements provide extended leave for this occasion. It is a standard practice for an employee to inform their HR department at least 30 days in advance.

Payout

Paid by the employer.

Blood Donation Leave in Brazil

1 day of paid leave per year

Employees who voluntarily donate blood are entitled to one paid day off per year, as long as they submit a certificate or other proof from the medical facility.

Payout

Paid by the employer.

Voting Leave in Brazil

Election day is a public holiday.

The Constitution of Brazil designates election days as national holidays. General elections are held every two years, with the first round on the first Sunday of October and the second round on the last Sunday of October.

Employers must provide workers with a paid half-day leave to vote in public elections. Since voting in Brazil generally occurs on Sundays, this rule specifically applies to employees whose weekend shifts overlap with polling hours.

Electoral enlistment: Employees are also permitted up to two consecutive days of registration leave—either paid or unpaid, depending on company policies—to register to vote or update their voter registration details.

Payout

Paid by the employer.

Public Holidays in Brazil

Besides official public holidays, some states and cities also observe regional holidays:

• 20th April – Bridge Holiday – Sao Paolo
• 9th July – State Rebellion Day – Sao Paolo
• 20th November – Black Awareness Day – Many states and cities

Election day as a public holiday

See section Voting Leave in Brazil above.

Sources of Brazil Leave Laws

1. Everything about vacation leave (in Portuguese), https://www.pontotel.com.br/ferias/

2. Entenda quando um funcionário pode tirar férias, https://www.poder360.com.br/poder-empreendedor/entenda-quando-um-funcionario-pode-tirar-ferias/

3. Labor Laws Concerning Rights to Vacation Leave (Código do Trabalho - Férias), https://www.ate.pt/wp-content/uploads/2017/10/C%C3%B3digo-do-Trabalho-F%C3%A9rias.pdf, https://diariodarepublica.pt/dr/legislacao-consolidada/lei/2009-34546475-46747075

4. The official government page about vacation (Justiça do Trabalho, Tribunal Superior do Trabalho (TST)) - https://tst.jus.br/ferias1

5. Local Laws and Regulations, https://www.atlashxm.com/en/countries/brazil

6. Payroll and Benefits Guide Brazil, https://www.papayaglobal.com/countrypedia/country/brazil/

7. Definitive Guide to Hiring in Brazil, https://www.globalexpansion.com/countrypedia/Brazil

Vocabulary

Férias - Vacation leave

Consolidação das Leis do Trabalho (CLT) - Consolidation of Labor Laws

Período aquisitivo - The first 12 consecutive months of the contract (the so-called vesting period).

Período concessivo - The concessive period is the period that the employer has to grant rest to the employee after the employee has completed their accrual period of vacation, that is, the first 12 consecutive months of work (período aquisitivo), counting from the date of admission to the company. For example, if the employee is hired on January 1, 2023, the vesting period will be completed on January 1, 2024. In this case, the company has until January 1, 2025, to grant vacation leave. If vacation is not given, the employee must be paid double for the days not taken.

Férias coletivas - Collective vacations

Licença médica - Sick leave