September 26, 2025
Law No. 7.534/2025 has been enacted. The regulation amends and expands upon Law No. 5508/2015 on maternity protection and breastfeeding support. Its main effect is the unification of the maternity leave framework for all employers in the country.
The law is now general in scope. Its coverage extends to all forms of employment in the public and private sectors, including officials of the judicial and prosecutorial branches, public defense, the armed forces, the national police, autonomous entities, higher education personnel, and even officials in elected positions. In fact, the previous regulation governing leave for elected officials is repealed.
Maternity leave is set at eighteen uninterrupted weeks for all female employees. Additionally, extensions under specific circumstances are maintained.
The period is extended to twenty-four weeks for births prior to the thirty-fifth week of gestation, if the newborn weighs less than 2,000 grams, or if the child has congenital conditions requiring special care. In the case of multiple births, the leave is increased by one month for each child from the second onwards. If the mother passes away, the remaining time is transferred to the father or a designated caregiver.
The law establishes a single compliance standard. It eliminates the previous regulatory distinctions between different employment systems. Companies and institutions must review and adapt their human resources policies and internal regulations to incorporate the new grounds for extension.
Operational planning must account for absences that may exceed twenty-four weeks. This primarily impacts the potential duration of the individual employment contract signed with the temporary replacement for the new mother.
Regarding financial operations, it is important to note that the benefit received by the mother is equivalent to 100% of her salary at the time of childbirth, which must be covered by the social security fund of the Social Insurance Institute (IPS). The «Best Interest of the Child» principle now governs the interpretation of the law, a criterion that will guide judicial and administrative decisions in the event of disputes.