What are employee rights after returning from parental leave?

Right to flexible schedule?

Yes – part-time or flexible working hours.

Child age limit?

Up to 12 years old, or any age if the child has a disability or chronic illness.

Minimum hours?

Part-time: half of full-time hours, either daily (morning or afternoon) or 3 days per week.
Flexible: up to 6 consecutive hours, max 10h/day, weekly average over 4 weeks.
Less than minimum requires mutual agreement. The employer must set mandatory presence periods, define start and end time ranges, and include a rest break of no more than 2 hours.

Who can request?

Both mothers and fathers.

Can employer refuse?

Only for compelling business reasons or if employee is indispensable; refusal must be justified and reviewed by the equality authority in Portugal.

Return to full-time work?

The return to full-time work is guaranteed by law after the end of the part-time arrangement. Any unjustified refusal by the employee to resume normal hours must be assessed on a case-by-case basis to determine whether it constitutes a breach of contractual duties and could justify dismissal.

Overtime exemption

Employee with a child under 12 months is exempt from overtime.

Care leave for sick child

Up to 30 days/year (<12 y/o), 15 days/year (>12 y/o), or entire hospitalisation. Applies regardless of age for children with disability/chronic illness.

Part-time duration

Initial period set by employee; renewal possible, (if the employee wishes to continue beyond that period, they must submit a renewal request under the same conditions as the original request)total extension up to 2 years.