Introduction to the Absences and Leaves Regime in Portugal

In the current Portuguese labour landscape, managing leaves and absences is one of the fundamental pillars of the relationship between employer and employee. As we enter 2026, the complexity of labour relations requires deep knowledge of the Labour Code and complementary legislation to avoid disputes and ensure compliance with tax and social security obligations. An employee's absence from their workplace is not just a matter of internal organization; it is a legal event with direct implications for remuneration, Social Security contributions, and company productivity.

Absences are defined as the employee's absence from the place where they must perform their activity during the normal daily working period. It is crucial to distinguish between justified and unjustified absences, as the consequences vary drastically between maintaining the right to pay and the possibility of serious disciplinary sanctions, including dismissal for just cause in cases of repeated non-compliance. This guide aims to demystify Articles 248 to 257 of the Labour Code, offering a clear and practical view for HR managers, accountants, and entrepreneurs.

Legal Framework and Typology

The legal framework is primarily based on the Labour Code but extends to the Contributory Code and special social protection regimes. Understanding the hierarchy of norms and how Collective Labour Regulation Instruments (CCT) can expand these rights is essential for excellent management. In Portugal, the protection of parenthood and family support has gained increasing importance, reflected in legislative changes aimed at promoting work-life balance.

The Concept of Justified Absence: Categories and Limits

Article 249 of the Labour Code establishes a closed list of what are considered justified absences. These include, among others, absences for marriage, bereavement, school exams, and those caused by the impossibility of working due to facts not attributable to the employee, namely illness or accident. Each of these categories has specific rules regarding duration and impact on pay.

Marriage and Bereavement Absences

Marriage leave allows the employee to be absent for 15 consecutive days. It is important to note that these are consecutive days and not working days, meaning the period includes weekends and holidays. Regarding bereavement, the periods vary according to the degree of kinship: 20 consecutive days for the death of descendants or spouse, 5 days for parents or parents-in-law, and 2 days for siblings or grandparents. Under Article 251 of the Labour Code, these absences are justified and do not imply loss of remuneration.

Illness and Family Assistance Absences

Absences due to illness are justified upon presentation of a Certificate of Temporary Incapacity (CIT). In these cases, the employer stops paying the salary from the moment Social Security assumes the sickness benefit (usually after the 3rd day in the general regime). Assistance to children or grandchildren also grants the right to justified absences, with defined annual limits (e.g., 30 days per year for assistance to a child under 12).

Practical Example 1: Calculation of Pay for Bereavement Absence
An employee with a base salary of €1,500 loses a parent. They are entitled to 5 consecutive days of absence. If these 5 days include 3 working days and 2 rest days, the company maintains full salary payment, as these absences do not determine the loss of remuneration. However, the meal allowance can be deducted for each day of effective absence from work, saving the company, for example, €6 x 3 days = €18.

Parental Leaves: Protection and Sustainability

Parental protection is one of the most detailed regimes in Portuguese labour law. Article 35 et seq. of the Labour Code define the various types of leave. Initial parental leave lasts 120 or 150 consecutive days and can be shared between parents. There is also the father's exclusive parental leave, which in 2026 maintains the mandatory 28 days.

Financial Impact and Social Security

During these leaves, the employment contract is suspended. The employee does not receive a salary from the company but a subsidy from Social Security corresponding to 100% or 80% of the reference remuneration. For the company, this means a temporary reduction in the wage bill but requires careful management of employee replacement and communication of suspension periods through the Remuneration Declaration.

Leave for Assistance to a Child with Disability or Chronic Illness

Under Article 53 of the Labour Code, parents are entitled to leave to assist a child with a disability, chronic illness, or oncological disease for up to six months, extendable up to four years. This special protection ensures the worker can accompany the descendant without the risk of losing their job, although pay is guaranteed by social benefits rather than the employer.

Practical Example 2: Shared Parental Leave
A couple opts for a 150-day shared leave (where the father takes at least 30 days). In this modality, the subsidy is paid at 100%. If the reference remuneration is €2,000, the worker will receive exactly this amount from Social Security. The company saves the total cost (Salary + 23.75% TSU), which in one month would represent a saving of €2,475 in direct costs.

Communication and Justification Procedures

The validity of an absence strictly depends on compliance with the communication duties established in Article 253 of the Labour Code. The employee must notify the employer at least five days in advance if the absence is predictable. If unpredictable, notice must be given as soon as possible.

Proof of Absence

The employer may require proof of the fact invoked for justification within 15 days of the communication. In the case of illness, proof is provided by a document issued by an official health establishment. It is essential to mention that under Article 254, proof of illness can be made through a self-declaration of illness for absences up to 3 days, with a limit of twice a year.

Consequences of Unjustified Absence

An uncommunicated absence or one where proof is refused is considered unjustified. According to Article 256, unjustified absence constitutes a violation of the duty of attendance and determines the loss of remuneration corresponding to the period of absence. More seriously, 5 consecutive or 10 interpolated unjustified absences in a calendar year can justify a disciplinary process aiming for dismissal.

Impact on Holidays, Bonuses, and Seniority

A common mistake is thinking that justified absences do not affect employee rights at all. While the general rule is the maintenance of rights, there are important exceptions. For example, justified absences that grant the right to a Social Security subsidy can affect holiday rights if the absence lasts more than a month, resulting in contract suspension.

Christmas and Holiday Bonuses

Under Articles 263 and 264 of the Labour Code, the value of holiday and Christmas bonuses should not be reduced due to justified absences, except if there is a contract suspension due to prolonged impediment. In these cases, bonuses are paid proportionally to the time of service provided. However, in cases of illness, the worker can request 'compensatory benefits' from Social Security to cover the part of the bonuses the company did not pay.

Practical Example 3: Impact of Prolonged Sick Leave on Bonuses
An employee was on sick leave for 6 months in 2025. Their salary is €1,200. At the end of the year, the company is only obliged to pay 6/12 of the Christmas Bonus (€600). The remaining €600 must be claimed by the worker from Social Security as compensatory benefits.

Common Errors to Avoid in Absence Management

• Not demanding documentary proof: Systematically accepting verbal justifications weakens internal regulations.
• Confusing working days with consecutive days: In bereavement or marriage, the law speaks of consecutive days.
• Unduly deducting justified absences from salary: Absences for bereavement or marriage cannot suffer a base pay deduction.
• Ignoring CCTs: Many Collective Agreements provide for more absence days than the Labour Code.
• Poor management of Self-Declaration of Illness: Not tracking the use of self-declarations can lead to system abuse.

Sources and Legal References

• Articles 248 to 265 of the Labour Code (Law No. 7/2009).
• Articles 33 to 65 of the Labour Code (Parenthood Regime).
• Decree-Law No. 91/2009 (Social protection in parenthood).
• Article 25 of the Contributory Code.
• Law No. 13/2023 (Labour Code amendments).