How does Parental leave work?

Parental allowance is a cash amount that is paid to the parent or other entitled parental right holders who are on leave (may be absent from work) due to the birth or adoption of a child and is intended to replace lost work income during the leave period.

Initial parental leave for both mother and father following the birth or adoption of their child, which can be taken simultaneously, is 120 or 150 consecutive days. Parental leave can be increased by 30 days for each additional child in the case of multiple births, . 

What are the conditions for entitlement?

• Have a guarantee period of 6 calendar months, consecutive or interpolated, with pay records, at the date of being unable to work;
• Have the respective unpaid licenses, absences, and leaves of absence under the terms of the Labor Code or equivalent periods;
• If you are self-employed or covered by the voluntary social insurance scheme, your contributions have been paid on the date on which your entitlement to the benefit is recognized.

How does Maternity Leave work?

In the case of initial parental leave exclusively for the mother. Awarded for a period of up to 72 days, where:

• 30 days maximum are taken optionally before childbirth
• 42 days (6 weeks) are mandatory and taken immediately after childbirth, with an additional 30 days in case of twin birth.

These periods are included in the initial parental allowance granting period. 

Before childbirth, parents must provide the employer and BRIDGE IN with a medical certificate.  

After the birth, the employee must let the employer and BRIDGE IN know of the birth and send the following documents to process payroll correctly.

• Birth certificate;
• Declaration from clinic/hospital of proof of birth;
• Comprovativo - REGISTO DE REQUERIMENTO SUBSÍDIO PARENTAL INICIAL (Proof of Request of Initial Parental Allowance)
• Declaração (Art°. 99° do Código do IRS) (Declaration form)

How does Paternity Leave work?

Parental leave is exclusively for the father.

In the case of initial parental leave exclusively for the father:

The father must also take 28 working days’ parental leave, which may be consecutive or intermittent, during the 42 days following the birth of the child:

• At least 7 days in a row, immediately after the birth of a child.
• Remaining period, consecutive days or not, with minimum periods of 7 days, during the period in which the mother's exclusive Initial Parental Allowance is awarded (in the 42 days following the birth of her child). 
• 7 optional days, consecutive or not, provided they are taken at the same time as the mother's initial parental allowance.
• The father is also entitled to a further 15 working days’ leave, which may be consecutive or intermittent and must be taken at the same time as the mother’s initial parental leave;
• The worker must give the respective employer as much notice as possible, with no less than five days in the event of taking the 7 optional days;
• In the case of multiple births, leave is extended by two days per child after the first.
• The father can take time off work for consultations up to 3 times

Before childbirth, parents must provide the employer and BRIDGE IN with a medical certificate.  

After the birth, the employee must let the employer and BRIDGE IN know of the birth and send the following documents to process payroll correctly.

• Birth certificate;
• Declaration from clinic/hospital of proof of birth;
• Comprovativo - REGISTO DE REQUERIMENTO SUBSÍDIO PARENTAL INICIAL (Proof of Request of Initial Parental Allowance)
• Declaração (Art°. 99° do Código do IRS) (Declaration form)

Initial parental leave for one parent if the other parent is unable to use it

Granted to the father, mother, or other holders of the right to parenthood in the event of physical or psychological incapacity or the death of one of them for the period of the initial parental allowance that the other parent still had to enjoy.

In the event of the mother's death or physical or psychological incapacity, the initial parental leave to be enjoyed by the father is granted for a minimum period of 30 days.

How is parental leave calculated?

The daily amount of the allowance is calculated by applying a percentage to the value of the beneficiary's reference remuneration (RR).

In the total remuneration, vacation, Christmas, and other subsidies of similar nature are not considered. 

You can read more about it  here under “Qual a Duração e o Valor a receber > Montante”

How do I apply for Parental leave?

You can apply in various ways through the following:

• • Log in to Direct Social Security Service;
    • Select the "Família" tab and click on "Parentalidade"
    • Press the "Pedir novo" button and select "Subsídio parental inicial"
    • Follow the instructions.
  • On location (In Person); submitting the Request - Parental Allowance/Extended Parental Allowance, Model RP 5049-DGSS, and the documents indicated:
    • • On the Social Security reception desks;

If you need more information and guidance for individual (exclusively for mother or father) or shared parental leaves, you can visit here. 

 

Are there any additional leaves in Portugal?

Extended parental allowance

Allowance awarded to the father or mother, or to both, alternately, or to the other holder of the right to parenthood, to care for a child integrated into the household, with a view to replacing lost work income, provided that the leave is taken immediately after the end of the granting period of the initial parental allowance or the extended parental allowance of the other parent. This allowance can be granted for a period of up to 3 months, and the daily amount of the allowance is calculated by applying 30% to the reference remuneration value.

Adoption Leave

When employees adopt a child under the age of 15, they can take 120 or 150 consecutive days of leave following the adoption. Adoption leave may be increased by 30 days for each additional adopted child. This type of leave may be shared by both adopted parents.

Care Leave

As regards absences to care for family members, the Labour Code in Article 252:

• The worker has the right to be absent from work up to 15 days a year in order to provide unavoidable and essential assistance, in the event of illness or accident, to the spouse or unmarried partner or common-law worker, relative or relative in the ascending straight line or the 2nd degree of the collateral line.
• In addition to the planned period of absence, a further 15 days per year are required in the case of assistance that cannot be postponed and is essential for a disabled or chronically ill person who is a spouse or unmarried partner of the worker.
• In the case of assistance to a relative or kin in the ascending line, membership in the same household is not required.
• The employer may require the employee to justify the absence:
  • Proof that the assistance is unavoidable and indispensable;
  • A declaration that the other members of the household if they provide assistance;
  • In the case of the previous paragraph, a declaration that other family members if they are engaged in professional activity, have not been absent for the same reason or are unable to provide assistance.

Leave To Take Care of a Sick Child

Parents can take an unpaid leave of six months to a maximum of six years to take care of children with disabilities, chronic illnesses, or cancer. Parents of children under the age of one with chronic illness or disabilities can have their workweek reduced by five hours.

Leave to assist a Grandson

Employees may take up to 30 consecutive days of unpaid leave following the birth of a grandson who lives with them and is the son of a teenager under age 16. Employees may also take leave to provide essential support to an injured or ill grandchild in substitution of the parents.

Bereavement Leave

The Labour code Article 251.º states that employees are entitled to 

• 20 consecutive days of leave following the death of their child, spouse or stepchild; 
• 5 days following the death of a parent; or 
• 2 days following the death of a grandparent, grandchild, sibling, brother-in-law, sister-in-law. 

Childcare leave (article 49)

The worker may be absent from work in order to provide urgent and essential assistance, in case of illness or accident, to a child under 12 years of age or, regardless of age, a child with a disability or a chronic illness, for up to 30 days a year or throughout the period of possible hospitalization.

The worker may miss work up to 15 days a year to provide urgent and essential assistance in case of illness or accident to a child who is 12 years of age or older who, if he is older, is part of his household.