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Overdue vacation: when the company pays double

The deadline to grant it, the splitting rule, payment two days before and an example of what it costs to let it slide.

This article is about Brazilian labor law (CLT, NR-1, Law 14.457 and related rules). It does not apply to other countries. The source texts are in Portuguese; this is a translation.

Late vacations are expensive, but they rarely show up as a risk until someone does the math. The rule is objective, and it can be tracked person by person.

The deadlines

  • Accrual period: 12 months of work.
  • Granting period: the company has the following 12 months to grant it (CLT, art. 134).
  • Payment: up to 2 days before the vacation starts (art. 145).
  • Splitting: up to 3 periods, with the person's agreement, one of them with at least 14 days and the others with at least 5.

Watch the start date

The CLT prohibits starting vacation in the 2 days before a holiday or a paid weekly rest day (art. 134, § 3). With the 2 days of rest brought by Constitutional Amendment 141/2026, from December 2026, the start calendar may get tighter, especially in schedules with days off on alternating days. The amendment does not address this point: check with your lawyer or accountant before scheduling 2027 vacations.

The double payment

Vacation granted after the granting period is paid double (art. 137).

Hypothetical example

Salary of R$ 3,000:

  • Normal vacation: R$ 3,000 + 1/3 = R$ 4,000.
  • Past the deadline: R$ 8,000.

In a team where 5 people went past the deadline, the difference is R$ 20 thousand.

Where the problem hides

  • "I sold all my vacation": the law only allows converting one third of the period into cash.
  • Vacation on paper, work in practice: the person signs, but keeps answering requests.
  • Tracking in a spreadsheet, with no expiry alert.

How to track it

A report with each person's deadline solves the paper side. For the part the paper does not show, you have to ask. IP's check-in includes vacation and days off, and the account of someone who did not really rest becomes a signal for HR.

Source: CLT (Brazilian Labor Code), arts. 134 (§ 3), 137 and 145; Federal Constitution, art. 7, XV (Constitutional Amendment 141/2026)

Informational content. It does not replace the advice of your lawyer or the company's occupational safety lead.

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