the benefit of paternity leave it is offered to workers who have a formal contract or even to civil servants with newborn children. It is intended to allow parents to be absent from work to be with the child. That license it is also offered for cases of parents who have adopted children or have legal custody for adoption purposes.
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The Federal Supreme Court (STF) granted paternity leave of up to 180 days, in cases of state and municipal public servants, and this benefit will depend on approval in the local laws.
Lawyer Lariane Del-Vechio, who specializes in labor law, said: “Although the Federal Constitution says that men and women are equal in terms of rights and duties to protect the child, when it comes to paternity leave there is still inequality — which obliges single parents to depend on legal action to receive the benefit".
It is important to note that there is currently no concession for this benefit, but the request was approved by the Federal Supreme Court on May 11, 2022. so that the paternity leave of a single father was for a period of 180 days, so that he can stay with his son in the meantime until he gets another form.
However, men who work as a legal entity are not entitled to the paternity aid benefit, as well as those who have the MEI (Individual Microentrepreneur). Only women with MEI are entitled to maternity aid for 120 days.
It is important to emphasize that the paternity allowance was previously up to 5 days, and in case of registration in the Citizen Company, this period could be up to 15 days more, totaling 20 days. Today, the employer may request the extension of this period by means of proof of participation in some program or guidance activity on responsible parenthood.
A very important warning that many people do not know is that while receiving this benefit, the father will not be able to perform any remunerated activity, and if this guideline is not complied with, the right to the benefit will be cut off immediately.
After the birth of the child, the father must go to the company in person and request the benefit. It is necessary for the father to bring some documents, such as the birth certificate, that prove the reason for was missing work, and the benefit begins to be counted from the first day of birth of the child.
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