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Sick Leave in Portugal: How does it work?

Understanding Your Rights, Responsibilities, and Benefits

Sick leave is a critical component of employee rights, ensuring protection during periods of illness. In Portugal, the framework for sick leave is governed by Decree-Law No. 28/2004, Order No. 337/2004, and the Portuguese Labour Code (Law No. 7/2009). Here's what employees and employers need to know.

How Does Sick Leave Work?

To justify a sick leave absence, employees must provide proof within 15 days, typically through a statement from healthcare providers or a certificate from the National Health Service (SNS). Failure to provide adequate proof may result in the absence being deemed unjustified.

Effects of a Justified Absence

A justified absence safeguards employment rights, although employees may lose pay if not covered by social security sickness protection.

Employee Rights During Sick Leave

  • Employment Contract Maintenance: Contracts remain active during sick leave. However, if the leave exceeds one month, the contract is suspended.
  • Sick Leave Approval: To qualify, employees must meet the following criteria:
    • Qualifying Period: Six calendar months (183 days) of recorded earnings.
    • Work Index Requirement: At least 20 days of recorded work in the four months preceding the leave.
    • Certification: Temporary Incapacity Certificates (CIT) issued by competent health services.

Sick Leave Subsidy Payments

Social Security begins payments from the fourth day of incapacity, with a maximum coverage of 1,095 days. The daily allowance is calculated as a percentage of the reference salary:

  • 55% for up to 30 days.
  • 60% for 31 to 90 days.
  • 70% for 91 to 365 days.
  • 75% for more than 365 days.

Additionally, this allowance compensates for missed holiday and Christmas bonuses.

Key Takeaways

Understanding the legal framework for sick leave ensures employees can confidently navigate illness without jeopardizing their employment or financial stability. Employers must also adhere to these guidelines to maintain fair practices and compliance with the law.

For detailed legal references, consult the respective legislative documents available on Diário da República.