New Leave Protection: Domestic Violence

In a landmark decision, the Brazilian Supreme Federal Court (STF) ruled that women who must take a leave of absence from work due to domestic violence are entitled to financial protection and job security for up to six months.

This ruling bridges a legal gap, ensuring that victims do not have to choose between their safety and their livelihood.

Key Details of the Leave

• Duration: Up to 6 months of protected leave.

• Payment Responsibility:

  • First 15 days: Paid by the employer.

  • From the 16th day (up to 6 months): Paid by the National Social Security Institute (INSS).

• Job Protection: During this period, the employment relationship, salary, pension contributions, and service time must be fully preserved.

Eligibility & Requirements

To qualify for this leave, the following conditions must be met:

1. Judicial Authorization: The leave is only granted when authorized by a judicial decision (court order) under the Maria da Penha Law (protective measures).

2. Required Documentation: Employees must provide the official Court Order specifying the necessity and duration of the work removal.

   • Note: Direct applications to the INSS or the employer without a court order are not applicable for this specific benefit.

How to Report This Leave

To ensure we process your pay correctly and remain compliant with Brazilian labor authorities, please follow these steps:

1. Report the leave by using the "Other" category 

2. Mandatory Notes: You must include a note stating: "Leave due to protective measures under Maria da Penha Law."

3. Documentation: Attach the judicial order authorizing the removal from work.

Why is this important? Highlighting the reason in the notes allows us to properly code the leave in our payroll system and in eSocial, ensuring your social security rights are protected and the transition to INSS payments is seamless.

Frequently Asked Questions

Does this apply to all employees? It applies to all female employees who contribute to the INSS (formal employment).

Will my contract be suspended? No. The STF has confirmed that the employment relationship remains active, and your seniority and benefits continue to accrue normally.