A Brazilian man, who adopted a child with his male partner two years ago and requested the same four-month legally mandated leave opportunity from his employer at the time, has just been awarded “maternity” leave by Brazil‘s Social Security agency.
Brazilian law mandates that companies provide a four-month paid leave from work for a mother and five days paid leave for a father. Part of Lucimar da Silva’s argument that the law, as it was being applied, was discriminatory because women in lesbian relationships were already getting the four-month maternity leave.
But, says the Social Security agency, Brazilian gay couples should not assume they will automatically receive the same outcome if they apply for maternity leave. Each case will be decided on its merits, the agency said in a written statement, which insisted that da Silva’s victory does not set a new precedent about the issue.
