Labour & Payroll · 1 October 2026
The Federal Government approved a binding legal opinion implementing the Supreme Federal Court decision on judicially ordered leave for women facing domestic violence. The employment relationship may be preserved for up to six months.
Payroll treatment
- For employees, the employer is responsible for the first 15 days and INSS for the remaining period.
- The judicial protective order is sufficient for the benefit process, without a new medical examination on the merits.
- The benefit has no qualifying period, is not subject to social-security contribution and counts as contribution time.
HR and payroll should establish a restricted-access workflow covering receipt of the order, the first 15 payroll days, transition to INSS, benefit-status follow-up and return-to-work controls. The reason for leave should not appear in ordinary manager reports or broad payroll files.
Legal status: Supreme Court decision implemented through a binding federal legal opinion. Detailed INSS operating rules were still pending on 5 October 2026.
Official source: Ministry of Social Security, 1 October 2026.