Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Portugal. This article explains Portugal’s leave laws, including Paternity leave Jury Duty Leave Parental leave Marriage leave Bereavement Leave Maternity Leave Sick Leave Annual Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Paternity leave | 20 working days | Not applicable | Not applicable | Not applicable | Not applicable |
Jury Duty Leave | Duration of the duty | Not applicable | Not applicable | Not applicable | Not applicable |
Parental leave | Up to 120 or 150 days | Not applicable | Not applicable | Not applicable | Not applicable |
Marriage leave | 5 consecutive days | Not applicable | Not applicable | Not applicable | Not applicable |
Bereavement Leave | Up to 5 days | Not applicable | Not applicable | Not applicable | Not applicable |
Maternity Leave | Up to 120 days | Not applicable | Not applicable | Not applicable | No |
Sick Leave | Up to 1,095 days | Not applicable | Not applicable | No payout | No |
Annual Leave | 22 working days per year | Accrued monthly | Limited carry over | Paid out | No |
New fathers are entitled to 20 working days of paternity leave, which can be extended under certain conditions.
Fathers must notify their employer as soon as possible after the birth of their child to arrange the leave period.
Paternity leave is a statutory right and does not require approval, but timely notification and coordination with the employer are necessary.
Additional paternity leave may be granted in special circumstances, such as the mother's health complications, under specific legal provisions.
Paternity leave does not accrue and is available per instance of childbirth.
Paternity leave cannot be carried over as it is intended to be used shortly after childbirth.
There is no payout for unused paternity leave upon termination, as the leave is specifically for use around the time of childbirth.
There is no end of year payout for paternity leave as it must be used in relation to the childbirth.
Paternity leave must be taken in blocks of full days, and not sporadically or in hours, to ensure meaningful support during the early days following childbirth.
Employees summoned for jury duty are entitled to leave for the entire duration of the jury duty. The length of leave depends on the length of the trial.
Employees must notify their employer immediately upon receiving a summons for jury duty, providing a copy of the summons.
Jury duty leave does not require employer approval as it is a legal obligation protected by law.
Additional quota for jury duty leave is not applicable as the leave is granted for the duration of the duty as required by law.
There are no accrual rules for jury duty leave as it is not a recurring entitlement but depends on being summoned for jury duty.
Carry over rules do not apply to jury duty leave as it must be taken during the period of the trial.
There is no payout for unused jury duty leave upon termination as it cannot be accrued.
There is no end of year payout for jury duty leave as it is not an accruable leave type.
Employers may request documentation proving the employee's need to attend court, and failure to provide such documentation may lead to denial of leave or disciplinary action.
Parental leave can be taken for up to 120 days with 100\% pay or up to 150 days with 80\% pay, shared between parents.
The intention to take parental leave must be communicated to the employer at least 30 days in advance.
Parental leave is a statutory right and does not require approval, but proper notice must be given.
Additional leave may be granted in special circumstances such as multiple births or illness of the child.
Parental leave does not accrue but is available as a full quota per birth or adoption event.
Parental leave cannot be carried over as it is tied to a specific event (birth or adoption).
Parental leave does not have a payout on termination as it must be used in relation to the specific event for which it is granted.
Parental leave is event-specific and does not entail end of year payout considerations.
Special rules apply for adoption, allowing for leave before the adoption process is finalized.
Employees are entitled to 5 consecutive days of marriage leave, which must be taken around the date of the marriage.
Employees planning to take marriage leave should inform their employer as soon as they have details about the wedding date to arrange their leave appropriately.
Marriage leave is a statutory right and does not require approval, but employees must notify their employer and coordinate the leave dates.
Additional days beyond the statutory marriage leave are not typically available under the law, but may be granted at the employer's discretion or under a collective agreement.
Marriage leave does not accrue over time but is granted per occurrence of marriage.
Marriage leave must be used at the time of the marriage and cannot be carried over.
There is no payout for unused marriage leave upon termination, as it must be used in conjunction with the event of marriage.
There is no end of year payout for marriage leave as it is event-specific and not accrued annually.
Marriage leave is specifically granted for the purpose of one's own wedding and cannot be used for other purposes. Documentation such as a marriage certificate may be required.
Employees are entitled to up to 5 days of paid bereavement leave upon the death of a close family member.
Employees should inform their employer as soon as possible in the event of a family death.
Bereavement leave is granted automatically upon notification of a relevant family death.
Additional bereavement leave is not generally available beyond the statutory quota.
Bereavement leave does not accrue and is available as needed per event.
There are no carry over rules for bereavement leave as it is event-based.
There is no payout for unused bereavement leave upon termination.
Bereavement leave does not have an end of year payout.
Bereavement leave typically applies to the death of immediate family members, which includes spouse, parents, children, and siblings.
Maternity leave in Portugal is up to 120 days at 100\% pay, with options to extend leave at a lower pay rate.
The employer must be notified at least one month in advance of the expected birth date, along with a medical certificate.
Maternity leave is a statutory right and does not require approval, though notification and documentation are necessary.
Additional maternity leave can be taken, but this will be at a reduced compensation rate after the initial 120 days.
Maternity leave entitlement does not accrue but is available per occurrence of pregnancy.
There are no carry over rules for maternity leave as it is event-specific.
Maternity leave benefits are not subject to payout on termination, as they must be used within the timeframe of the leave period related to childbirth.
Unused maternity leave cannot be paid out at the end of the year as it is tied to the event of childbirth.
Employees on maternity leave are protected from dismissal during this period, except under specific circumstances outlined by law.
Employees are entitled to sick leave up to 1,095 days, with varying compensation rates depending on the length of the absence.
Employees must notify their employer and provide a medical certificate as soon as possible when taking sick leave.
Sick leave does not require prior approval but must be supported by a medical certificate to qualify for benefits.
The quota for sick leave is fixed by law, although additional unpaid leave might be available under certain circumstances.
Sick leave does not accrue as it is granted based on medical need.
There are no carry over rules for sick leave as it is based on each instance of illness.
Sick leave is not paid out on termination; it is only applicable during the employment period as needed.
There is no payout for unused sick leave at the end of the year.
The payment for sick leave is conditional on having contributed to Social Security and the length of the contribution period.
Employees are entitled to 22 working days of paid annual leave per year. This quota increases in certain sectors or with seniority.
Employees should inform their employer at least two weeks in advance before taking their annual leave, although this can vary based on company policy.
Taking annual leave requires approval from the employer, typically arranged in advance to ensure operational continuity.
Additional leave days can be granted based on the sector of employment or the length of service with the company.
Leave is accrued monthly from the start of employment, with employees typically gaining 1.83 days of leave per month.
Unused annual leave can be carried over to the next year, but must typically be used by the end of the first quarter.
On termination of employment, any accrued but unused annual leave will be paid out to the employee.
There is no automatic payout for unused annual leave at the end of the year; it must be carried over or used.
Additional rules regarding annual leave may be specified in employment contracts or collective agreements.
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