Leave Entitlements in Portugal: Vacation, Sick Leave, and Parental Rights

Annual Vacation Leave

Understanding your vacation rights ensures you receive the rest periods you're legally entitled to while planning time away from work.

Minimum Entitlement

Portuguese law guarantees all workers a minimum of 22 working days of paid vacation per year, as established in Article 238 of the Código do Trabalho. This applies regardless of your contract type, nationality, or employer.

Many collective bargaining agreements provide more than the statutory minimum, with some sectors offering 25 days or more. Over 80% of the Portuguese workforce is covered by collective agreements that often enhance statutory minimums, so check your employment contract or sector agreement for your specific entitlement.

First Year of Employment

During your first year with a new employer, vacation entitlement accrues progressively:

• After 6 months of service: You earn 2 working days of vacation for each completed month of work
• After 12 months: You're entitled to the full 22 days for the following year

For example, if you start work on January 15, by July 15 you'll have earned 12 working days of vacation (6 months × 2 days). After completing 12 months on January 15 of the following year, you'll receive your full 22-day entitlement for that year.

Vacation Scheduling

Portuguese law requires employers and workers to agree on vacation timing by April 15 each year. This planning requirement ensures both parties can coordinate vacation periods well in advance.

If you cannot reach agreement:

• The employer determines the vacation schedule
• However, they must allow you a minimum of 10 consecutive days during the May-October period
• This ensures you receive summer vacation time regardless of operational needs

Important protections:

• Your vacation cannot be interrupted except in exceptional circumstances such as family emergencies or force majeure events
• Vacation must be scheduled to allow genuine rest and cannot be fragmented excessively
• You cannot waive your vacation rights in exchange for additional pay

Vacation Pay and Subsidy

When you take vacation, you receive more than just your regular salary. Portuguese law provides:

Regular Pay: Your normal monthly salary continues during vacation days.

Vacation Subsidy (Subsídio de Férias): You receive an additional payment equal to one full month's salary, paid before your summer vacation period. This is often called the "13th month" payment, though it's specifically designated for vacation.

This vacation subsidy is paid annually to all workers and is calculated based on your regular monthly salary. For example, if you earn €1,500 per month, you'll receive €1,500 as vacation subsidy in addition to your regular €1,500 salary for the vacation month—€3,000 total for that month.

Public Holidays

Portugal recognizes 13 mandatory paid public holidays each year, during which most businesses close and workers receive paid time off.

National Public Holidays

1. January 1 - New Year's Day
2. Carnival Tuesday - Day before Ash Wednesday (movable date)
3. Good Friday - Movable date before Easter
4. Easter Sunday - Movable date
5. April 25 - Freedom Day (commemorates the 1974 Carnation Revolution)
6. May 1 - Labour Day
7. Corpus Christi - 60 days after Easter (movable date)
8. June 10 - Portugal Day/Day of Camões
9. August 15 - Assumption of Mary
10. October 5 - Republic Day
11. November 1 - All Saints' Day
12. December 1 - Restoration of Independence
13. December 8 - Immaculate Conception
14. December 25 - Christmas Day

Municipal Holidays

In addition to national holidays, each Portuguese municipality observes one local holiday specific to that municipality. This varies by location—for example, Lisbon celebrates its municipal holiday on June 13 (Santo António), while Porto celebrates on June 24 (São João). Check your municipality's calendar for the specific local holiday.

Working on Public Holidays

Portuguese law protects workers from being required to work on public holidays. If you do work on a holiday:

• Your consent is required (except in certain sectors with operational necessities such as healthcare or hospitality)
• You receive double pay for the holiday work, or
• You receive normal pay plus a compensatory rest day to be taken later

This ensures holiday work is fairly compensated and voluntary in most circumstances.

Sickness Leave and Health-Related Absences

Portuguese law provides strong protections for workers who become ill, ensuring you can recover without fear of job loss or financial hardship.

Medical Certification Requirements

When you're absent from work due to illness, you must obtain medical certification called a baixa médica from a physician.

Short-Term Illness (up to 3 consecutive days):

Following the 2023 Decent Work Agenda reforms, Portugal introduced a self-declaration system for brief illnesses:

• You can self-declare illness for up to 3 consecutive days without a medical certificate
• This applies to a maximum of 3 self-declared absences per year
• You must notify your employer according to company procedures

Longer Illness (more than 3 days):

• A medical certificate is required from day 4 onward
• The certificate must be submitted to both your employer and Segurança Social
• Your physician submits the baixa médica electronically to Segurança Social in most cases

Sickness Benefit Payments

During sick leave, you don't receive payment from your employer. Instead, Segurança Social (Portugal's social security system) pays sickness benefits directly to you.

Payment Structure:

The "average salary" is calculated based on your recent contribution history to Segurança Social, typically your earnings over the previous six months.

Example: If you earn €1,200 per month and are sick for 45 days:

• Days 1-3: No payment (€0)
• Days 4-30: €660 total (€660/month = 55% × €1,200)
• Days 31-45: €360 total (€720/month = 60% × €1,200, prorated for 15 days)
• Total received: €1,020 for 45 days of absence

Employer Obligations During Sick Leave

Portuguese law provides strong job protections during illness:

Your employer cannot:

• Terminate your employment during sick leave (except for just cause completely unrelated to your illness, which requires CITE approval)
• Reduce your benefits or impose disadvantageous treatment because you took sick leave
• Pressure you to return to work before medical clearance

Your employer must:

• Hold your position for you during the sick leave period
• Maintain all employment rights and benefits
• Respect the medical certification provided

Extended Sick Leave Considerations

If your sick leave extends beyond 30 days, Segurança Social provides compensatory benefits for vacation and holiday subsidies (13th and 14th month payments) that you would have earned during that period. This ensures extended illness doesn't completely eliminate these important annual payments.

Maternity Leave and Pregnancy Protections

Portugal provides comprehensive maternity leave with flexible duration options and strong job protections for pregnant workers.

Maternity Leave Duration and Payment

The Licença de Maternidade (maternity leave) gives mothers flexibility in choosing their leave structure. You can select from:

Option 1: 120 days at 100% of average salary

• Standard option providing full pay
• Paid by Segurança Social (not your employer)

Option 2: 150 days at 80% of average salary

• Extended leave at slightly reduced pay
• Paid by Segurança Social

Option 3: 150 days at 100% salary (if shared with father)

• Available when father takes at least 30 consecutive days of the leave
• This "sharing bonus" incentivizes involved fatherhood
• Paid by Segurança Social

The payment is based on your average salary from the previous six months of Segurança Social contributions.

Mandatory Leave Period

6 weeks after birth are mandatory—you cannot work during this period. This protects both mother and child during the critical early postpartum period.

The remaining leave can be distributed before or after birth according to your preference:

• If taken before birth: Maximum 30 days can be used pre-birth
• Most workers take the majority of leave after birth

Pregnancy Protections

Beyond maternity leave, pregnant workers have extensive protections:

Healthcare Rights:

• Right to prenatal medical appointments during work hours (paid time off)
• Time off for these appointments cannot be deducted from vacation or salary

Work Modifications:

• Cannot be required to perform hazardous work
• Cannot be required to work night shifts
• Right to request modified duties if pregnancy affects ability to perform regular work

Breastfeeding Rights:

• 2 hours per day of breastfeeding breaks until child is 1 year old
• Can be taken as two 1-hour breaks or one 2-hour period
• Paid at full salary

Enhanced Job Protection

Pregnant workers have the strongest job protection in Portuguese employment law:

• Employer cannot dismiss a pregnant worker without CITE prior approval
• CITE (Commission for Equality at Work and Employment) reviews whether the dismissal is genuinely unrelated to pregnancy
• Dismissal without CITE approval is automatically void
• Worker entitled to immediate reinstatement and full back pay if dismissed improperly

This protection extends through pregnancy and maternity leave, ensuring you cannot be penalized for having a child.

Paternity Leave

Portuguese law provides mandatory paid paternity leave for fathers, significantly strengthened by the 2023 Decent Work Agenda reforms.

Mandatory Paternity Leave

Following Lei nº 13/2023, fathers are entitled to 28 working days of mandatory paternity leave at 100% of average salary, paid by Segurança Social. This represents a significant increase from the previous 20 days.

Structure:

• 7 days must be taken immediately after birth (mandatory and cannot be waived)
• These first 7 days are consecutive and begin from the day of birth
• Remaining 21 days must be taken within 6 weeks of birth
• These 21 days can be taken consecutively or split according to family needs

For example, a father might take:

• Days 1-7: Immediate post-birth period (mandatory)
• Days 8-14: One week later when mother returns home
• Days 15-28: Two weeks when mother returns to work

This flexibility allows fathers to provide support during the most critical periods while maintaining some career continuity.

Optional Extended Paternity Leave

Beyond the mandatory 28 days, fathers can access additional leave:

Sharing Bonus:

• Additional 5 working days if father shares the initial parental leave (takes at least 30 consecutive days)

Preparation Bonus:

• Additional 2 working days if father attended childbirth preparation classes

These bonuses incentivize involved fatherhood and shared parenting responsibilities.

Payment and Job Protection

Payment:

• All paternity leave paid at 100% of average salary
• Paid by Segurança Social based on previous six months of contributions
• Not paid by employer

Job Protection:

• Same strong protections as maternity leave
• Cannot be dismissed during paternity leave
• Cannot be dismissed for 30 days after return without CITE approval
• Position guaranteed upon return
• Cannot be penalized or disadvantaged for taking paternity leave

Fathers' Healthcare Rights

Fathers also have rights to attend prenatal medical appointments. While the primary right belongs to the mother, fathers can attend some appointments, particularly childbirth preparation classes and major ultrasounds, with appropriate notice to employers.

Shared Parental Leave and Adoption

Beyond individual maternity and paternity leave, Portugal provides additional parental leave options that can be shared between parents.

Sharing Bonuses

Portuguese law actively encourages shared parenting through financial bonuses:

Initial Leave Sharing:
If both parents share the initial parental leave—with each parent taking at least 30 consecutive days—the family receives:

• 150 days total at 100% of average salary (instead of 120 days at 100%)
• This represents both extended duration and full pay
• Significant financial and time benefit for families who share leave equally

Extended Parental Leave

Beyond the initial leave period, each parent is entitled to:

• Additional 3 months of leave at 25% of salary
• Can be taken by one parent or split between both
• Job protection maintained during this period
• Paid by Segurança Social

This extended leave allows parents to provide longer-term care while maintaining their employment connection, though at reduced pay.

Exclusive Rights

Certain leave periods are exclusive to each parent and cannot be transferred:

Mother's Exclusive Leave:

• The 6 weeks mandatory post-birth period
• Any leave taken before birth (up to 30 days)

Father's Exclusive Leave:

• The 7 days mandatory immediately after birth
• Portion of the 28-day paternity entitlement

These exclusive periods ensure both parents have dedicated time with the newborn and share caregiving responsibilities from the start.

Adoption Leave

Adoptive parents receive similar rights to biological parents:

• Leave duration depends on the age of the adopted child
• Shorter leave periods for older children
• Same payment structure (Segurança Social at percentage of salary)
• Same job protections apply

The goal is to provide adoptive parents time to bond with and integrate the child into the family, recognizing that adoption creates the same family care needs as biological parenthood.

Bereavement Leave

Portuguese law recognizes that workers need time to grieve and manage affairs following the death of close family members.

Leave Entitlements by Relationship

Following the 2023 Decent Work Agenda expansion, bereavement leave provisions are:

These days are paid at your full salary and begin from the date of death.

How Bereavement Leave Works

Notification:

• Inform your employer as soon as practically possible after the death
• No advance notice possible given the nature of bereavements
• Communication can be by phone, email, or in-person depending on circumstances

Documentation:

• Employer may request documentation such as a death certificate
• This is typically requested after your return to work, not immediately
• Standard practice to allow time for grieving before administrative matters

Payment:

• Bereavement leave is paid by your employer (not Segurança Social)
• You receive your full regular salary for these days
• No reduction in benefits or pay

Additional Considerations

Funeral Arrangements:
The 5-day period for close family members provides time to:

• Attend the funeral or memorial service
• Manage estate and administrative matters
• Travel if the death occurred in another location
• Begin the grieving process with family

Beyond Immediate Family:
While Portuguese law specifies entitlements for close family relationships listed above, some collective bargaining agreements may provide additional bereavement leave for other relationships or extended family. Check your sector's collective agreement or employment contract.

Cultural Context:
Portuguese culture places significant importance on family and mourning periods. The generous bereavement leave reflects this cultural value, and taking your full entitlement is both legally protected and culturally expected.

Care for Dependents

Portuguese law recognizes that workers sometimes need to care for sick family members, particularly children.

Care for Sick Children

When your child becomes ill, you're entitled to:

Entitlement:

• Up to 30 days per year to care for a sick child under age 12
• Or care for a disabled child of any age
• Paid at 65% of average salary by Segurança Social (not your employer)

How it works:

• Medical certificate required for your child's illness
• Can be split between both parents, but total cannot exceed 30 days per year per child
• Applies per calendar year
• Days can be taken consecutively or separately depending on the child's illness

Example: If your 8-year-old child has multiple illnesses during the year requiring home care, you can take up to 30 days total. If both you and your partner are employed, you can share these 30 days—one parent might take 15 days and the other 15 days, or divide them differently based on your circumstances.

Care for Sick Family Members

Beyond children, you're also entitled to leave for caring for other sick family members:

Entitlement:

• Up to 15 days per year to care for a sick:
  • Spouse or domestic partner
  • Parent
  • Grandparent
  • Parent-in-law
• Requirement: The family member must live in the same household as you

Medical certification is required, and payment conditions vary. This leave ensures you can provide care to close family members during serious illness without losing your job.

Emergency Family Leave

For urgent family situations—such as the birth of a child (beyond standard paternity leave), serious sudden illness, death, or accident—you're entitled to short absences of typically up to 5 days upon notifying your employer.

This emergency leave is separate from planned parental leave or scheduled care days, recognizing that family emergencies arise unexpectedly and require immediate attention.

Practical Guidance for International Workers

Applying for Leave Benefits

Most leave benefits (sick leave, maternity leave, paternity leave, care for dependents) are paid by Segurança Social, not your employer. To receive these benefits:

1. Ensure you have a NISS (Número de Identificação da Segurança Social) - Your social security number
2. Register for Segurança Social Direta - The online portal at https://www.seg-social.pt/
3. Submit your application through the online portal or at a Segurança Social office
4. Provide required documentation - Medical certificates, birth certificates, etc.
5. Monitor your application status online

Benefits are typically processed within several weeks, though this varies by benefit type. Maternity and paternity leave benefits should be applied for before your leave begins to ensure timely payment.

Know Your Rights

As an international worker in Portugal, you have the same leave entitlements as Portuguese citizens. Your employer cannot:

• Deny you statutory leave because you're foreign
• Impose different leave rules on international workers
• Threaten your residence status based on taking leave

If your employer denies your leave rights, you can file a complaint with ACT (Autoridade para as Condições do Trabalho), Portugal's labor inspection authority.

Cultural Considerations

August Vacation: Many Portuguese businesses close or operate at reduced capacity during August, the traditional vacation month. Planning your vacation during this period aligns with local practice and makes scheduling easier.

Family-Friendly Culture: Portugal's generous parental leave and family care provisions reflect a broader cultural emphasis on family life. Taking maternity/paternity leave and care days is normal, expected, and culturally supported.

Work-Life Balance: The 2023 introduction of the right to disconnect reinforces Portugal's cultural commitment to separating work and personal life. Using your leave entitlements fully is not only your legal right but culturally encouraged.

Conclusion

Portugal's comprehensive leave entitlements framework provides workers with extensive rights to rest, family care, and health recovery. The country's 22-day minimum annual vacation with vacation subsidy, generous parental leave options with sharing bonuses, progressive sick leave benefits, and robust provisions for family care reflect a strong commitment to work-life balance and worker wellbeing.

Recent reforms, particularly the 2023 Decent Work Agenda, have further strengthened these protections: mandatory paternity leave increased from 20 to 28 days, self-declared sick leave introduced for short absences, and bereavement leave expanded. These improvements position Portugal among Europe's most progressive nations in supporting workers' personal and family needs.

Related Guides:

• Portugal's Labor Law Framework and Regulatory Authorities - What Expats Need to Know
• Employment Contracts in Portugal: Types, Requirements, and Classifications