Sunday, October 28, 2012

FATHER GETS 120 DAYS "PATERNITY LEAVE" IN COURT

Marcos and Nicholas

This is the first time a man gets the benefit without being widowed or adoptive parent in Sao Paulo.

Professor of Nursing, Marcos Antonio Mendonca Melo, 36, got custody of the child on July 16 - a week after birth - because the mother did not want to take care of the child.
No relatives in town and unable to enroll the child in a daycare before fulfilling cycle of vaccines, Melo came to take the baby to work.

"I could not stop working or fail to take care of my son. The only way to reconcile the two was asking for the license," said Melo. "I'm done, I hope to inspire other parents to care for their children too."

According to the public defender who followed the case, Fernanda Zanetti, Melo took the baby with him even when he was looking for help in the Union Public Defender "The situation was rare, but it was clear his commitment to care for the child and the urgent need grant aid, "she said.

"Today's families are no longer as before. I'm hoping that this case serves as an example and that the legislation accompanying the new situations," she said.

 Federal Judge Rafael Andrade Margalho granted the injunction for payment of salary by the INSS (Social Security)  paternity for 120 days, which may be extended for another 60. According to him, were considered previous cases of adoption, where other parents managed the right.

"The duty of care to that child will only be fulfilled by the father. Nothing more righteous than he was able to devote himself entirely away and accumulate the role of mother," said the judge.

In March this year, the Federal Court granted in Parana to a widowed father the benefit of maternity leave for four months. In February, another widowed father shortly after the birth of her daughter managed to court the right to maternity leave of six months in Brasilia.