Working in Portugal - Leave: Sickness, Maternity

Absences from work due to illness are deemed to be justified. The employer must be notified of foreseeable absences due to illness with at least five days' notice. When they are not foreseeable the employer must be notified as soon as possible.

Evidence of illness is provided by a hospital, a declaration from the Health Centre or a medical certificate. The illness may be confirmed by a doctor by means of a request from the employer sent to the Social Security.

Absences for sickness involve loss of pay where the employee is covered by a social security scheme providing sickness protection (see social security file - sickness protection).

Family care leave

Employees are entitled to be absent from work for 15 days per year to provide urgent and essential care to members of their household in the event of illness or accident.

Maternity leave

Female employees are entitled to 120 consecutive days' leave, 90 of which must be taken after giving birth, while the remainder may be taken totally or in part either before or after the birth. 

In the event of multiple births this period is increased by 30 days for each baby in addition to the first. It is mandatory to take at least six weeks' maternity leave after giving birth. 

Should the mother or child be hospitalised during the period of leave after the birth, this period is suspended at the mother's request for the duration of hospitalisation. 

Female employees are granted maternity leave for a minimum of 14 days and a maximum of 30 days in the event of a miscarriage.

Time off for prenatal appointments

Female workers who are pregnant must attend prenatal appointments outside working time whenever possible. If it is not possible the employer may require female workers to present evidence of their condition and of the appointment.

Breast-feeding

Mothers who prove that they are breast-feeding their child are entitled to time off each working day for two periods of a maximum of one hour until the child reaches one year of age, unless other arrangements are agreed with the employer.

Duration of paternity leave

Fathers are entitled to five consecutive or separate working days' paternity leave, which must be taken during the first month following the birth of their child. 

Fathers are also entitled to leave for a period equal to that the mother would be granted in the following cases: 

• the mother's physical or mental incapacity
• the death of the mother
• as agreed by joint decision of the parents

Adoption leave

In the event of adopting a minor under 15 years of age, the adoptive parent is entitled to 100 consecutive days' leave to be with the minor.

Special childcare leave

In order to care for a child or an adopted child of up to six years of age, the father and mother are entitled alternatively to: 

• three months' parental leave; 
• to work part-time for 12 months; 
• to interspersed periods of parental leave and part-time work in which the total duration of their absence and the reduction in working hours is equal to three months' normal working hours. 

When these entitlements expire, the father or mother is entitled to special childcare leave for a maximum of two years.

Employees are entitled to childcare leave to care for an underage child who is ill. Such leave is limited to 30 days per year or, in the event of hospitalisation, is unlimited.

Leave for personal reasons

• marriage (15 days)
• death of spouse or death of a family member in the first degree (five days)
• death of a family member in the second degree (two days)
• illness of a child under ten years of age (30 days per year)
• illness of a child over ten years of age, the spouse, an ascendant or equivalent in a direct line or in the second degree in an indirect line (15 days per year)

Useful information:

• Código do Trabalho [Labour Code], Law No 99/2003 of 27 August
• IDICT – Instituto do Desenvolvimento e Inspecção das Condições de Trabalho [Institute for the Development and Inspection of Working Conditions]
  Praça de Alvalade, 1 - 1749-073 Lisbon
  Tel: 217 924 500
  Fax: 217 924 597

Text last edited on: 12/2004

Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.