Parental Leave

The entitlement to protection given to working mothers and fathers to take time off work following the birth of a child/children.

Parental leave protection is laid down in the Labour Code (CT), approved by Law no. 7/2009, of 12 February, in particular in articles 33 to 65.

a) Initial parental leave

b) Initial exclusive parental leave of the mother (maternity leave);

c) Parental leave to be taken by one parent due to the impossibility of the other;

d) Initial exclusive parental leave of the father (paternity leave).

The mother must take 42 consecutive days of leave following childbirth, and has the option to take up to 30 days of Initial Parental leave before birth.

The working father is entitled to a mandatory initial parental leave of 28 days, which must be taken in consecutive or interspersed periods of at least seven days, within 42 days following childbirth, upon prior notice to the employer. The first 7 of the 28 days must be taken consecutively and immediately after the birth. After the mandatory leave, the father is also entitled to a further 7 working days of voluntary leave, taken consecutively or non-consecutively, which must be taken at the same time as the mother’s initial leave.

In the case of multiple births, the leave period is extended by 30 days for every additional child.

The employee should notify the employer of parental leave with the best possible advance and, in the case of voluntary leave, at least five days' notice.

If the child is admitted to hospital after the birth, the father's compulsory leave is suspended at his request for as long as hospitalisation lasts.

Initial parental leave can be fof 120 or 150 consecutive days, according to the decision of the parents.

Yes, an additional 30 days may be added to the 120 or 150 days of leave in the following cases:

a) when the parents opt to share the initial parental leave;

b) for each additional child in the case of multiple births.

As the first 42 days after the birth are compulsory for the mother, only the remaining days of the initial leave chosen by the parents (120 or 150) can be shared.

Both the father and the mother must share the leave and may each, but not at the same time, take one consecutive period of 30 days or two consecutive periods of 15 days after the mother's compulsory leave of 42 days following the birth.

Yes, as long as they have opted for the initial parental leave of 150 days and take it on a shared basis. The additional 30 days can be shared between both parents within the initial 120-150 days of leave as follows: in full (maximum of 15 days each) or in part ( minimum of one day each).

a) In case of hospitalisation of the child immediately after the recommended postnatal stay due to the need for special medical care, plus the length of the hospital stay, up to a maximum of 30 days;
b) In cases where the birth occurs up to and including the 33rd week of pregnancy, the initial parental leave period of 120 or 150 days is extended by 30 days ( see Article 40(9));
c) In cases where the birth occurs up to and including the 33rd week of pregnancy and the child is admitted to the hospital immediately after the recommended post-natal stay, due to the need for special medical care, the initial parental leave period of 120 or 150 days is extended for as long as hospitalisation lasts.
d) In case of hospitalisation of the child or the parent who is taking leave during the period after childbirth, the leave period shall be suspended at the request of the parent for as long as hospitalisation lasts.
e) The extension or suspension of the leave is notified to the employer with a written statement from the hospital.

The father or mother is entitled to take the period of parental leave not taken by the other in the following cases: physical or mental incapacity of the parent taking the leave, whilst such incapacity subsists; death of the parent taking the leave.

The working parent is entitled to the full duration or remaining time of the initial parental leave, with a guaranteed minimum of 30 days, without prejudice to any additional days to be taken exclusively in the case of multiple births, hospitalisation of the child and prematurity up to 33 weeks. However, if the parents have opted for shared initial parental leave, which entitles them to the additional 30 days, the full duration of the leave will only be granted if each parent has taken an exclusive period of 30 consecutive days or two periods of 15 consecutive days on the date of the events in which the physical or mental incapacity or death of the parent taking the leave occurs.

Yes, in such cases the father's compulsory initial parental leave is increased from 20 to 30 days.

In the 120 days following the birth, the working parent is entitled to the same initial leave as the parent who is unable to take leave, adjusted accordingly.

In the event of a stillbirth (birth without signs of life) or the death of a live-born child (death after childbirth), parents are entitled to 120 days of parental leave, without prejudice to the use of exclusive and compulsory periods.

If the parents decide to share the initial parental leave, they must inform the employer no later than 7 days after the birth, after the end of the child's hospital stay or after the 30 days of additional leave referred to above (FAQ No. 5). With regard to the beginning and end of the initial parental leave and the leave to be taken by each parent, they must provide a joint statement or, if applicable, a statement from the other parent's employer confirming that he or she is employed. In the absence of such statements, the leave shall be deemed to be taken by the mother.

A copy of the form “Application for Parental Allowance” (available on the website of Social Security at https://en.seg-social.pt/documents/18702991/18704029/RP_5049_EN.pdf/b4524bab-342e-469b-897b-035dcaa1b166) must be submitted in-person at the Human Resources Service (Front Desk Unit) or by email to sgrh@uc.pt, stating the leave and the periods to be taken, duly stamped by the social security office, along with a copy of the child's birth certificate.

In the event of termination of pregnancy, the mother is entitled to between 14 and 30 days' leave, as defined by a medical certificate issued for this purpose.

Should the mother not wish to benefit from this leave, she is entitled to an excused absence from work for a period of three consecutive working days.

The father can take three days off work, regardless of whether the mother has taken termination of pregnancy leave.

Parents should inform their employer of the event and provide proof as soon as possible, for example with a statement from a hospital or health centre or a medical certificate.

No, absences due to parenthood, even if they are considered as actual work, determine the non-payment of the meal allowance, whether for workers in the Convergent Social Protection Scheme or in the General Social Security Scheme.

Yes, as follows:

1. Adoption of a minor under the age of 15: the prospective adopter is entitled to a leave equivalent to the father’s mandatory leave (FAQ no.5)
2. In the case of multiple adoptions, the initial Parental leave shall be increased by 30 days and the mandatory leave of the father shall have 2 additional days for each adoption beyond the first.

In addition, the prospective adopter can now take up to 30 days of initial parental leave during the transition and monitoring period. To do so, he/she must inform the employer 10 days in advance, or as soon as possible in the case of proven urgency, by presenting an official document certifying the transition and monitoring period.

These rules also apply to foster families, with any necessary deemed adjustment.

Parents are entitled to complementary parental leave to care for their child or adopted child aged six or under, in the following modalities:

1. Extended Parental leave, for 3 months;
2. Part-time work for a period of 12 months, where the normal working time is equal to half of what is considered to be full-time work;
3. Part-time work for a period of 3 months, where the normal working time is equal to half of what is considered to be full-time work, provided that each parent exercises the leave in total.
4. Alternating periods of extended parental leave and part-time work, where the total duration of absence and reduced working time is equivalent to 3 months of standard working time;
5. Non-consecutive absences from work equivalent to three months of standard working time, as long as provided for in a collective labour agreement.

Yes. Parents who opt for an initial period of parental leave of 150 or 180 days may, after taking 120 consecutive days, combine each day of the remaining leave with part-time work, calculated in accordance with the provisions of Article 40(5).

For combined parental leave and part-time work:

1. Daily days off are counted as half days and added together to determine the maximum length of leave;
2. Both parents may take leave simultaneously or consecutively;
3. Part-time work is defined as 17h30 per week (half of full-time work).