Managing employee leave in Portugal requires a thorough understanding of the country's labor code, which provides robust protections and entitlements for workers. These regulations cover various types of leave, ensuring employees have time off for rest, personal events, illness, and family responsibilities. Adhering to these legal requirements is essential for compliance and fostering a positive working environment.
Portuguese labor law sets clear standards for minimum leave entitlements, including annual vacation, public holidays, sick leave, and comprehensive parental leave options. Employers must ensure their policies meet or exceed these statutory minimums.
Annual Vacation Leave
Employees in Portugal are entitled to a minimum of 22 working days of paid annual leave per calendar year. This entitlement accrues based on the length of service. During the first year of employment, an employee accrues 2 working days of leave for each full month of service, up to a maximum of 20 working days in that year. This leave can typically be taken after six months of employment. From the second year onwards, the full 22 days are available at the beginning of the calendar year, based on service in the previous year. Collective bargaining agreements may provide for additional leave days beyond the statutory minimum.
Leave must generally be taken within the calendar year it is due, although it can sometimes be carried over to the first quarter of the following year by agreement between the employer and employee, or as stipulated in a collective agreement. The timing of vacation should be agreed upon by both parties; if no agreement is reached, the employer generally has the right to set the dates, although specific rules apply, particularly regarding family responsibilities.
Public Holidays
Portugal observes a number of national public holidays each year. Employees are generally entitled to a paid day off on these dates. If an employee is required to work on a public holiday, they are typically entitled to compensatory time off or increased pay, as defined by law or collective agreement.
Here are the standard national public holidays observed in Portugal in 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| February 25 | Carnival (Optional) |
| April 18 | Good Friday |
| April 20 | Easter Sunday |
| April 25 | Freedom Day |
| May 1 | Labour Day |
| June 10 | Portugal Day |
| June 12 | Corpus Christi |
| August 15 | Assumption of Mary |
| October 5 | Republic Day |
| November 1 | All Saints' Day |
| December 1 | Restoration of Independence |
| December 8 | Immaculate Conception |
| December 25 | Christmas Day |
Note: Carnival is an optional holiday, often granted by employers or stipulated in collective agreements.
Sick Leave
Employees in Portugal are entitled to sick leave when they are unable to work due to illness or injury. To receive sick pay benefits, the employee must obtain a medical certificate (Certificado de Incapacidade Temporária - CIT) from a doctor.
Sick pay is managed through the social security system, not directly by the employer for the full duration. There is typically a waiting period of three days before social security benefits begin. The amount of sick pay received depends on the duration of the leave:
- Days 1-3: No social security benefit (employer may pay based on policy or agreement).
- Days 4-30: 55% of the reference salary.
- Days 31-90: 60% of the reference salary.
- Days 91-365: 70% of the reference salary.
- Over 365 days: 75% of the reference salary.
The maximum duration for receiving sick pay benefits for non-tuberculosis illness is generally 1,095 days (three years). Employers are responsible for managing the employee's absence and coordinating with social security regarding documentation.
Parental Leave
Portuguese law provides comprehensive parental leave entitlements, designed to allow parents time to care for their newborn or newly adopted child. These benefits are primarily paid by social security.
Key types of parental leave include:
- Initial Parental Leave: This is the main period of leave taken by one or both parents immediately after the birth or adoption. It can be taken for 120, 150, or 180 consecutive days.
- 120 days: Paid at 100% of the reference salary.
- 150 days: Paid at 80% of the reference salary.
- 150 days (shared): If parents share the leave, taking it exclusively or alternating, the benefit increases to 100% of the reference salary.
- 180 days (shared): If parents share the leave, taking it exclusively or alternating, paid at 83% of the reference salary.
- Exclusive Paternity Leave: The father is entitled to 28 working days of mandatory leave, taken within 42 days following the birth. Five of these days must be taken consecutively immediately after the birth, and the remaining 23 days can be taken consecutively or intermittently. This leave is paid at 100% by social security. The father is also entitled to an additional 5 working days of optional leave, taken consecutively or intermittently, while the mother is taking initial parental leave.
- Initial Parental Leave for Mother: The mother can take up to 30 days of initial parental leave optionally before the birth.
- Extended Parental Leave: After the initial leave, each parent is entitled to extended leave for up to three months, taken consecutively or intermittently. This leave is paid at 25% of the reference salary by social security.
- Parental Leave for Adoption: Similar entitlements apply in cases of adoption, with leave durations and payment mirroring those for birth, starting from the date the child is entrusted to the family.
Other Leave Types
Beyond the main categories, Portuguese law provides for several other types of leave for specific circumstances:
- Bereavement Leave: Employees are entitled to paid leave in the event of the death of a family member. The duration depends on the relationship:
- 5 consecutive days for the death of a spouse, partner, parent, or child.
- 2 consecutive days for the death of a sibling, grandparent, grandchild, parent-in-law, or stepchild.
- Study Leave: Employees who have been with the company for at least six months are generally entitled to leave for study purposes, subject to certain conditions and limitations on duration, often requiring agreement with the employer.
- Sabbatical Leave: While not a statutory right for all employees, sabbatical leave may be granted based on collective bargaining agreements or individual agreements between the employer and employee.
- Leave for Assisting Family Members: Employees may be entitled to leave to provide urgent and essential assistance to a family member in case of illness or accident, subject to specific conditions and duration limits.
- Leave for Medical Appointments: Employees are generally allowed time off for necessary medical appointments, often requiring proof of the appointment.
Understanding and correctly implementing these various leave policies is crucial for employers operating in Portugal to ensure legal compliance and support their workforce effectively.
