In Portugal, employees are entitled to various forms of paid and unpaid leave that support them during key life events such as childbirth, bereavement, and caregiving.
These leave entitlements are regulated by national labor law, though employers and employees may agree to more favorable arrangements by mutual consent.
Paid Leave
Maternity/Pregnancy Leave
Pregnant employees are entitled to 72 calendar days of maternity leave, structured as follows:
30 calendar days must be taken before the expected date of birth
42 calendar days must be taken after childbirth
This leave is fully paid and mandatory, with the aim of protecting the health and well-being of both mother and child.
Paternity Leave (Second Parent)
Employer Responsibilities
Employers must process leave requests and ensure compliance with local laws. They are responsible for suspending salary payments during the leave period and reporting the leave to Social Security. Employers must also reserve the employee’s job position during the leave and continue submitting monthly Social Security declarations with zero remuneration.
Fathers or second parents are entitled to 28 calendar days of mandatory paternity leave, which includes:
7 calendar days to be taken immediately after childbirth
21 calendar days to be used within six weeks of the birth
In addition, there are 7 optional calendar days of “voluntary leave,” which may be taken consecutively or separately. To apply for paternity leave, employees must submit their planned leave dates via the Remote People platform and provide a signed letter with the due date at least one month in advance.
After the birth, the birth certificate must be submitted to confirm the leave. Employees must also apply for Social Security benefits through the Social Security portal, ensuring their IBAN is registered for direct payment.
The paternity leave benefit is paid by Social Security (Segurança Social), not the employer. During this period, employment is suspended for payroll purposes, and Social Security pays the benefit directly to the employee. If the leave is split into separate blocks, Social Security pays for the leave days, while the employer pays for any working days in between. There is no split payment within a single day—payment depends on whether the day is a working day or a leave day.
Shared Parental Leave
Parents may share 150 consecutive days of parental leave, which may be extended by 30 days if both parents use the leave.
Employees must notify their employer of the intended start date of parental leave at least 10 working days in advance. Written notice is required, and employers may have specific internal procedures or forms to follow.
To be eligible, employees must have at least 6 months of Social Security contributions (not necessarily consecutive) and provide a medical certificate with the expected delivery date. Alternatively, parents may choose a shorter duration of 120 days at 100% compensation or 150 days at 80% compensation. If shared between both parents, the leave can be extended to 180 days at approximately 83% compensation. These rates are calculated based on the average salary declared over the previous 6 months.
Taken exclusively by one parent, or
Split between both parents in two periods of at least 15 consecutive days each
Extended (Supplementary) Parental Leave
Following the initial parental leave, parents are entitled to one of the following:
A 3-month extension of full-time leave, or
A 12-month period of part-time work
This leave must be requested and agreed upon with the employer in advance.
Breastfeeding/Nursing Leave
Until the child reaches one year of age, nursing employees are entitled to:
Two daily breaks, each lasting up to one hour
Alternatively, one two-hour break per day
These breaks are considered working time and are therefore paid. The specific arrangement can be modified by agreement between the employee and employer.
Bereavement Leave
In the event of the death of an immediate family member, the following paid leave entitlements apply:
20 days for the death of a child
5 days for the death of a spouse or partner
2 days for the death of another immediate relative
Marriage Leave
Employees are entitled to 15 consecutive calendar days of justified absence following their marriage. To benefit from this leave, the employee must inform the employer at least 5 days in advance, and the employer may request supporting documentation.
Unpaid Leave
Short-Term Care Leave
Employees may request up to 30 days per year of unpaid leave to care for a family member. This leave is typically used in cases of illness or temporary dependency.
Special Leave for Childcare
Employees may request unpaid leave for childcare purposes for up to 2 years, either continuously or intermittently. This extended leave is available after the conclusion of parental leave and must be coordinated with the employer.
