Doctors, fathers, mothers, institutions and companies launched the Paternity Leave Coalition, with the aim of extending the period of paid leave with the arrival of newborns. The announcement was made last week, in the wake of the discussion that should be resumed on December 13th at the Federal Supreme Court.
The ministers had already started virtually voting on the action that discusses possible omission by the National Congress on the topic. Minister Rosa Weber, for example, had already voted to equate the period of paternity leave with the period of maternal leave until parliamentarians debate the issue.
With the motto “Five Days is Too Little”, the Coalition defends the expansion of the right to paternal leave, so that fathers can share the responsibilities of the beginning of a child’s life with the mother.
The group does not indicate a specific period for the leave, but highlights that there are already companies offering the same period that is given to women. According to the Constitution, mothers are entitled to 120 days of leave.
Reasons to extend paternity leave
A CNN psychoanalyst and master in psychology Ana Sofia Guerra said that the constant presence of the father in the first days of a newborn has lasting effects on the creation of bonds.
“In the first days of life, both the child and the mother are in a condition that demands care. Paternity leave, in line with this more objective, physiological care, allows the father to be involved in this relationship of practical care, where affections are also involved”, he highlighted.
Daughter of former constituent deputy Alceni Guerra, author of paternity leave, Ana Sofia highlights that there is a need for a change in culture.
“The right to 5 days of paternity leave is very little and absolutely insufficient for us to change the tradition of overloading mothers with filial care. On the subjective side, it is necessary to think that these newborns are also in the phase of their psychic constitution, whose first relationships will leave marks that will be imprinted on all other relationships throughout their lives”, she pondered.
One of the Coalition’s arguments is precisely the fight against gender inequality in the job market and maternal overload. Without the company of their parents in the first months of their newborns, women end up putting their careers aside.
According to the research “Maternity leave and its consequences in the Brazilian labor market” by Fundação Getúlio Vargas (FGV), 48% of women leave their jobs 12 months after starting their paid leave.
Furthermore, around 50% of mothers leave the formal job market, in the private sector, after maternity leave, remaining in this situation for almost 4 years.
Another argument raised is the benefits to parents. The research “How Paternity Leave Helps Dads’ Brains Adapt to Parenting”, published in Harvard Business Review, points out that taking time off from work to care for a newborn child is good for the father-baby bond, for the baby’s development and for the parents’ relationship with each other.
The survey also shows that there are changes in the brain associated with fatherhood, allowing men to become instinctive and more effective caregivers for their children.
The psychoanalyst, author of the book “Manifesto Antimaternalista” and ambassador of the Paternity Leave Coalition Vera Iaconelli highlighted to CNN that an extended leave of absence allows children to better assimilate the responsibility for care.
“It equalizes the relationship between men and women in the sphere of care. It presents this father to the child, who also understands that care is not strictly the mother’s, and builds a relationship of greater equality between the figures of father and mother, demystifying that care is of a gender nature”, he stated.
The “Helping Dads Care” survey, a study carried out in 7 countries, including Brazil, showed that fathers who take longer parental leaves have better mental health, greater satisfaction with their lives and greater satisfaction with work.
Discussion in the STF
The direct action of unconstitutionality due to omission was filed in 2012 by the National Confederation of Health Workers (CNTS), which states that the Constitution already provides for paternity leave for urban and rural workers, but Congress has not yet voted on a law on the subject.
In a first vote, in a virtual session, the president of the STF, minister Luís Roberto Barroso, defended that paternity leave be equated to maternity leave based on the discussion in Congress.
Former minister Rosa Weber voted for immediate equality, until parliamentarians decide on new legislation. Ministers Edson Fachin and Cármen Lúcia followed the same line.
With the discussion in plenary starting on December 13th, ministers can review the votes.
How it currently works
Under the 1988 Federal Constitution, men have the right to paternity leave for 5 calendar days, starting from the date of birth of the child.
With Law No. 13,257 of 2016, paternity leave now has 15 additional days in companies taxed by real profit, with the benefit not extending to companies taxed by presumed profit and Simples Nacional, which correspond to around 99% of Brazilian companies.
Individually, companies can extend licenses, bearing the costs.
Source: CNN Brasil
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