In Portugal, sick leave is managed through the national Social Security system (“Segurança Social”) and regulated according to local labor and social security legislation.
Employees who are unable to work due to illness or medical incapacity may be entitled to statutory sick leave benefits, provided the required medical documentation is submitted.
How Sick Leave Is Paid
Sick pay is generally paid directly by Portuguese Social Security rather than by the employer, unless the employer provides additional salary top up benefits through an internal company policy.
The compensation amount depends on the duration of the sick leave and the employee’s reference remuneration:
Up to 30 Days: 55% of the reference remuneration
From Day 31 to Day 90: 60% of the reference remuneration
From Day 91 to Day 365: 70% of the reference remuneration
Over 365 Days: 75% of the reference remuneration
In most cases, sick leave payments begin from the 4th day of incapacity. Different rules may apply in cases such as hospitalization or certain long term illnesses
Required Documentation
Employees must obtain a valid “Certificado de Incapacidade Temporária” (CIT), also known as a medical sick leave certificate (“baixa médica”), issued by an authorized healthcare provider. The CIT is usually submitted electronically by the healthcare provider directly to Portuguese Social Security.
Employees must also provide the sick leave certificate to Remote People within 5 working days. Both public and private healthcare providers may issue valid CITs, provided they are legally authorized and the certificate is submitted through the official system.
Medical Certificate vs Medical Sick Leave
A medical certificate and a medical sick leave (“baixa médica”) are not the same.
Medical Certificate: A medical certificate may only justify an absence from work.
Medical Sick Leave (“Baixa Médica”): A medical sick leave officially places the employee on statutory sick leave and must be reflected in payroll, as compensation is generally paid through Social Security.
Employer Considerations
Employers should ensure that sick leave absences are correctly recorded in payroll records. As statutory sick pay is generally covered by Social Security, employers should not continue regular salary payments during officially recognized sick leave periods unless there is an internal company policy providing additional sick leave benefits or salary complements.
Additional Notes
Employees should notify their manager and Remote People as soon as possible regarding their absence and ensure all required documentation is submitted within the applicable timeframe.
Please note that sick leave regulations in Portugal may change in line with local legislation and Social Security requirements.