Last updated on July 17, 2024.

Paid Time Off (PTO) in Brazil

Vacation (Annual Leave) Quota

Up to 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

15 days

Employees are entitled to up to 15 days of paid sick leave.

Maternity and Paternity Leave

Maternity Leave in Brazil

120 days

Employees are entitled to up to 120 days of paid maternity leave. Leave may start on any day during the last month of pregnancy. This period can be extended for an additional 60 days if the employer and employee agree.

Female employees receive mandatory maternity leave of four months paid by the Social Security Agency.

Female employees are entitled to keep their jobs from the date of conception until five months after the child is born.

Paternity Leave in Brazil

Employees are entitled to 5 days of paid leave, which can be extended to 15 additional days.

Adoption Leave in Brazil

In the case of adoption, employees are entitled to the same rights and benefits as for maternity leave.

Bereavement Leave in Brazil

Up to 5 days.

Employees are entitled to up to 5 days of paid leave due to the death of a close relative or a family member, such as a parent, child, or spouse.

Jury Duty Leave in Brazil

Jury duty leave is not specified by law.

Military Leave in Brazil

Military leave is not specified by law.

Voting Leave in Brazil

Voting leave is not specified by law.

Public Holidays in Brazil for 2024

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

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