The Federal Supreme Court (STF) will decide whether a public servant who is a single father is entitled to maternity leave for a period of 180 days. The discussion came to light due to the general repercussion of a resource on the subject. The Court's decision will serve as a reference for other judgments.
In addition, it is necessary to decide whether the benefit for men is conditioned to a previous indication of the source of funding.
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Maternity leave for single parents
In the case at hand, the judge said the story paralleled the passing of the babies' mothers. That is, the child would be cared for only by the father.
The first-degree case resulted in the granting of maternity leave for a period of 180 days. The father of twin children is an INSS medical expert and had the babies through in vitro fertilization and surrogacy. Despite this, the INSS itself did not agree with the payment of the benefit to the expert doctor. Thus, the concession was given by the Federal Regional Court (TRF-3).
On the other hand, according to the TRF-3, the maternity salary needs to be maintained in order to extend the benefit to single parents. Thus, it is understood that the newborn gains from the presence and company of the parents for longer periods.
The decision for cases in Brazil is now in the hands of the Supreme Court. Currently paternity leave is only five days, according to the law.
Still in the INSS justification for disagreeing with the payment, giving extended leave to parents would violate what is in the Federal Constitution.
Therefore, now the Supreme will assess and discuss all points. That is, only later will it be defined whether single parents will be entitled to maternity leave and whether it will be necessary to indicate the source of funds.