Paid Time Off

Brazil PTO Compliance: A Guide for Employers

PTO in Brazil is strictly regulated by the Consolidation of Labor Laws (CLT), ensuring employees receive 30 calendar days of paid vacation per year after completing 12 months of continuous employment. Additionally, employees are entitled to paid public holidays, sick leave, and other statutory leave benefits. Understanding Brazil’s PTO regulations is essential for legal compliance and effective workforce management.

Brazil PTO Compliance

Understanding PTO Requirements in Brazil

Learn about Brazil’s statutory leave entitlements and employer responsibilities.

Statutory Vacation Days

Employees who have worked for 12 consecutive months are entitled to 30 calendar days of paid vacation, which must be taken within the following 12 months. Vacation can be split into up to three periods, with one period being at least 14 days long, and the others at least 5 days each. Employees also receive a vacation bonus equal to one-third of their monthly salary when taking leave.

Sick Leave Regulations

Brazilian employees are entitled to paid sick leave from the first day of absence. The employer covers the first 15 days, and from the 16th day onward, the National Institute of Social Security (INSS) provides financial support for extended sick leave.

Public Holidays

Brazil has national, state, and municipal public holidays, with 12 recognized national holidays. Employees are entitled to these days off with pay. If they are required to work on a public holiday, they must receive overtime compensation or a compensatory day off.

PTO Carryover Rules

Employees must take their vacation within 12 months of earning it. If an employer fails to grant the leave within this period, the employee is entitled to double payment for the unused vacation days.

Paid Time Off in Brazil

Key Regulations and Employee Rights

Brazilian PTO is regulated by the Consolidation of Labor Laws (CLT). This overview highlights important information for both employers and employees.

Employers

Minimum vacation is 30 calendar days after 12 months
Grant proportional leave for incomplete years
Follow sick leave rules, including medical certificates
Recognize national, state, and municipal holidays
Grant legally mandated leaves (maternity, etc.)

Employees

Know your entitlement for complete and incomplete years
Understand sick leave rules and required documentation
Be aware of public holiday entitlements
Know your rights to other legally mandated leaves

Brazilian PTO includes annual leave, public holidays, and other mandated leaves. This information is for general guidance only and not legal advice. Consult legal counsel for specific situations.

PTO Management

Best Practices for Managing PTO in Brazil

Follow these key strategies to ensure compliance and efficient PTO management.

Use a Leave Management System
Since Brazilian labor laws have strict vacation and sick leave tracking requirements, using PTO management software helps ensure compliance and simplifies record-keeping.
Clearly Define PTO Policies
Employees should be informed of their vacation rights, sick leave entitlements, and public holiday policies to avoid confusion and ensure compliance with labor laws.
Ensure Fair Leave for Part-Time Employees
Part-time employees are entitled to proportional vacation and paid leave based on their contracted hours. Employers must calculate PTO fairly to comply with Brazilian labor regulations.

attendance tracking

Why PTO Compliance Matters

Managing PTO correctly in Brazil is essential for legal compliance and maintaining employee satisfaction.

Avoid Legal Penalties

Failure to grant vacation leave within the legal timeframe or improperly tracking sick leave can result in financial penalties and disputes.

Support Employee Well-Being

Encouraging employees to take their entitled leave improves work-life balance, reduces stress, and boosts productivity.

Strengthen Workplace Culture

A well-managed and transparent PTO policy helps build trust, fairness, and engagement, leading to higher employee retention and satisfaction.

employee attendance

How TrackingTime Can Help

Learn more about how we can help you optimize your PTO policies and ensure compliance with Brazilian labor laws.

Effortless Organization

Say goodbye to messy email chains and manual tracking. With a streamlined PTO management system, you can keep all requests and records in one place, making it easy to approve time off and manage employee schedules efficiently.

Quick Approvals – Manage PTO requests fast.
Clear Records – Access all time-off data easily.
Team Sync – Keep schedules aligned effortlessly.

Custom Time-Off Policies

Every company has unique needs, and your PTO policies should reflect that. Customize your time-off rules to match your team’s structure, ensuring fairness and clarity while maintaining flexibility.

Flexible Rules – Tailor policies to your team’s needs.
Clear Guidelines – Keep everyone informed.
Smooth Management – Set rules that work for all.

Real-Time Transparency

Give your employees the confidence to plan their time off without uncertainty. By providing real-time access to balances and request statuses, you create a more transparent and trusting workplace.

Instant Access – Check balances anytime.
Live Updates – Track requests in real time.
Boost Trust – Keep everyone informed.

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FAQ

Frequently Asked Questions

Get answers to all your questions about our service and plans.

How many vacation days are workers entitled to in Brazil?

Under Brazil’s labor law (CLT), employees are entitled to 30 calendar days of paid vacation each year after 12 months of continuous employment. This period includes weekends but not public holidays.

Is paid vacation mandatory in Brazil?

Yes. Paid vacation is a guaranteed right under Brazilian law. Employers are legally required to grant and pay for vacation time once the employee completes one year of service.

Are public holidays part of vacation time in Brazil?

No. National and regional holidays in Brazil do not count toward the 30 days of paid vacation. If a holiday falls during vacation, the period must be extended accordingly.

Do part-time workers get vacation in Brazil?

Yes. All registered employees in Brazil, including part-time workers, are entitled to 30 days of paid vacation per year after 12 months of employment, regardless of hours worked.

Is vacation pay different from normal salary in Brazil?

Yes. Employees receive their normal salary plus an additional one-third (1/3) of their monthly salary as a vacation bonus, known as “um terço constitucional.”

When can employees take vacation in Brazil?

Employees can take vacation once they complete 12 months of continuous employment. The employer has 12 months after that to grant the leave, which must be scheduled in agreement with the employee.

Can vacation be split in Brazil?

Yes. Brazilian labor reform allows vacation to be split into up to three periods, as long as one period is at least 14 consecutive days and the others are at least 5 days each.

Does vacation time expire in Brazil?

Yes. If not taken within 12 months after it becomes due, vacation must be paid in double as a penalty. Employers are responsible for ensuring timely use of vacation days.

Can unused vacation be converted into money in Brazil?

Yes. Employees may choose to sell up to 10 days of their 30-day vacation period. This is called “abono pecuniário” and must be requested in writing at least 15 days before the leave begins.

Do employees receive vacation pay in advance in Brazil?

Yes. Vacation pay must be paid at least two days before the vacation starts. This includes both the salary portion and the one-third bonus.

Is vacation tracking required in Brazil?

Yes. Employers must maintain accurate records of vacation accrual and usage. Failure to comply with vacation policies can result in labor fines and legal penalties.

Can employers choose when employees take vacation in Brazil?

Yes. Employers can schedule vacation dates based on operational needs, but they must consult the employee and provide at least 30 days’ notice in writing.

What happens if an employee quits before using vacation in Brazil?

Any unused vacation days must be paid out upon termination, including proportional days earned and the one-third bonus. This applies whether the resignation is voluntary or involuntary.

Are vacation rules different for domestic workers in Brazil?

No. Since the 2015 Domestic Workers Law, domestic workers have the same rights to 30 days of paid vacation, including the one-third bonus and option to split the leave.

Can employers offer more vacation than the legal minimum in Brazil?

Yes. Employers may offer additional days beyond the 30-day minimum as part of company policy or collective agreements. However, legal entitlements must still be respected.