Published on July 1, 2025, Law No. 15,156/2025 amended several provisions of the Brazilian Consolidation of Labor Laws (CLT) to expand the rights to maternity and paternity leave for parents of children with permanent disabilities resulting from congenital syndrome associated with Zika virus infection.
The Zika virus is primarily transmitted through the bite of Aedes aegypti mosquitoes, but it can also be transmitted from mother to fetus during pregnancy, through sexual contact, and via blood transfusion.
When Zika virus transmission occurs from mother to fetus, the consequences for the child can be extremely serious, as the virus affects the baby’s central nervous system, leading to conditions such as microcephaly, intracranial calcifications, brain atrophy, visual and auditory impairments, psychomotor delays, among others.
In 2015 and 2016, Brazil experienced an exponential increase in births of children with microcephaly linked to Zika virus infection, prompting the government to declare a Public Health Emergency of National Concern.
Although the emergency period has ended, new cases of congenital syndrome associated with Zika virus continue to be recorded in Brazil, albeit in smaller numbers.
Law 15,156/2025 is considered a major victory for families affected by the condition, not only providing financial guarantees, but also marking the official recognition of the disease’s impact in the country.
Among the main changes introduced by the law are:
- Extension of maternity leave by up to 60 days
- Extension of paternity leave to 20 days
These provisions apply in cases of birth or adoption of a child with a permanent disability resulting from congenital syndrome associated with Zika virus infection.
As a result, Articles 392, §6, and 473, §2 of the CLT now read as follows:
Article 392 (…)
§6 – Maternity leave provided for in the main section of this article shall be extended by 60 (sixty) days in the event of the birth or adoption of a child with a permanent disability resulting from congenital syndrome associated with Zika virus infection.
Article 473 (…)
§2 – In the case of birth or adoption of a child with a permanent disability resulting from congenital syndrome associated with Zika virus infection, the period referred to in item III of the main section of this article shall be extended to 20 (twenty) days.
To qualify for the extended maternity or paternity leave, parents must submit medical documentation to their employer proving the condition, and must have a formal employment relationship to be eligible.
During the extended maternity leave, the mother will continue to receive maternity benefits, as provided in the revised Article 71-A, §3 of Law No. 8,213/1991, amended by Law 15,156/2025.
The father, in turn, will continue to receive his regular salary during the leave, since the law does not provide for reimbursement by the INSS, nor does it offer tax offsets or incentives to employers, as is the case with maternity leave.
Companies must remain vigilant regarding the rights of employees who are parents of children with permanent disabilities resulting from Zika-related congenital syndrome. Violations of these new legal provisions may result in fines and legal liability.
Law 15,156/2025 reinforces the role of labor law as a tool for social justice, ensuring that families have the time and protection necessary to care for their children with dignity.
At the same time, further regulation of the law is essential, particularly with regard to the funding of paternity leave, since placing the financial burden solely on employers is not reasonable when the measure is part of a public social protection policy.
Samantha Estevo is a labor lawyer at Granito Boneli Advogados, with postgraduate degrees in Civil and Business Law and Labor Law and Procedure from Faculdade Damásio.