Occasional Leave Brazil: Unpaid Leave

Article author
Mariela Aronna
  • Updated

a. Personal Unpaid Leave

Unlike annual vacation, Unpaid Leave is not a statutory right guaranteed by legislation; it is a mutual agreement between you and the company.

1. How unpaid leave works

Since Unpaid Leave is not regulated by a specific law for personal cases, the following policies apply at Remote to ensure clarity and fairness:

  • Agreement, Not a Right: Granting unpaid leave is at the employer's discretion. It requires a mutual agreement and is not automatically guaranteed.

  • Justification Required: As part of our internal policy, we require a justification for the request.

  • Duration: There are no statutory minimums or maximums. Limits on the duration of the leave are determined by company policy and operational needs, not by general law.

  • Job Security: While the law does not explicitly forbid dismissal during personal unpaid leave, Remote offers job security during this period as a company benefit

2. Impact 

During unpaid leave, your employment contract is suspended. Here is how this affects your accruals:

  • Salary: You will not receive salary or transportation allowance during the leave.

  • Vacation & 13th Salary:

    • The accrual process pauses during your leave and resumes exactly where it left off when you return.

    • Clarification: You do not lose the holidays you had already accrued before the leave started.

  • Tenure: The time spent on unpaid leave does not count towards your length of service (tempo de serviço).

3. Unpaid Leave after Maternity Leave

Employees may request unpaid leave immediately following their maternity leave to extend their time with their child.

  • Job Protection: The maternity job protection (estabilidade provisória)—which lasts until 5 months after childbirth—remains active and fully applicable during the unpaid leave.

  • Process: This follows the same request process as standard personal unpaid leave (detailed below).

4. How to request Personal Unpaid Leave

If you wish to request unpaid leave, please follow these steps:

  1. Align with your Manager: Discuss your intent and the duration with your direct manager first. Their approval is required.

  2. Submit a Request on Remote: Log in to the Remote Platform and submit a Time Off request selecting "Unpaid Leave".

  3. Wait for the Template:

    • Once you initiate the request, our team will reach out to you with a standard letter template.

    • You will need to sign this letter confirming the leave is voluntary and for personal reasons.

    • Once we review your document, and with your manager approval, we will confirm the unpaid leave request by email. 

 

b. Employer-Sponsored Training Leave (Art. 476-A)

It is important to distinguish Personal unpaid leave from the specific Employer-Sponsored Training Leave (Layoff for professional qualification), which is governed by Article 476-A of the CLT.
 
Specific Purpose: This leave is strictly for professional qualification courses offered by the employer. It must be formalized through a Collective Bargaining Agreement (CBA) with the relevant employee union.
 
Duration & Frequency: The leave must last between 2 to 5 months. It cannot be used more than once in a 16-month period.
 
Dismissal Penalty: While the law does not prohibit dismissal during this leave, it imposes a penalty. If an employee is dismissed during the leave or within three months of returning, the employer must pay a fine (specified in the CBA) in addition to standard severance payments.
 
Note: These strict rules (2-5 months duration, union requirement) apply only to this specific training leave (Art. 476-A) and do NOT apply to general, employee-requested unpaid leave for personal reasons.

 

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