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Leave and time off in Portugal

Employees around the world have the right to paid and unpaid time off for various reasons. The exact rules and entitlements differ from country to country and may also depend on collective bargaining agreements and individual employment contracts.

In Portugal, employees are entitled to a set minimum number of paid annual leave days each year, as well as paid sick leave. There are also 13 public holidays per year in Portugal, which employees are entitled to take as rest days.

Employers in Portugal must also grant their employees time off when they have a baby, adopt a child, get married, or need to care for a child. In short, there’s a lot to learn about leave and time off in Portugal — we’ll go through everything you need to know in this guide.

Leave in Portugal

Employees in Portugal are entitled to time off for holidays, which is known as annual leave. They are also entitled to time off work if they are sick and can get sick pay through the social security system.

Annual leave in Portugal

Employees in Portugal are entitled to at least 22 working days of paid holiday per year, as long as they have worked for their employer for at least a year. In practice, many employees get 25 days of holiday. New employees accrue their annual leave at the rate of two days per month, which means they get a total of 20 days’ leave during their first year of employment. They can take this leave after six months of employment.

Employees in Portugal can take their annual leave in one block or divide it into shorter holidays throughout the year. However, they must take at least one block of at least 10 days’ leave. Annual leave expires on 1 January each year.

While these are the conditions set out in the Portuguese Labour Code, collective bargaining agreements may provide for more generous conditions. And of course, it’s possible for employers to provide their employees with more annual leave in Portugal by setting a generous leave policy.

Cashing out annual leave in Portugal

Unlike in some other countries, Portugal’s employment laws specifically prohibit employers from paying employees instead of giving them leave. Employees must therefore use all of their holiday days before they expire.

Sick leave in Portugal

Employees in Portugal are also entitled to time off work when they’re sick. The first three days of sick leave are unpaid, and employees can self-certify their need for sick leave without seeing a doctor. After the first three days, they can get sick pay through the social security system at the following rates:

  • Day 4–30: 55% of normal wages
  • Day 31–90: 60% of normal wages
  • Day 91–365: 70% of normal wages
  • After 365 days: 75% of normal wages

Employees can receive sick pay for a maximum of 1095 days, or three years. To qualify for sick pay, they must have worked for a total of at least six months, and they must be certified as unable to work by a doctor.

Maternity, paternity, and parental leave in Portugal

Portugal’s labour laws provide for generous parental leave, which is shared between the two parents. However, both the mother and the father must take at least a certain amount of leave after the birth of a child.

Parental leave in Portugal

Employees can take a total of 120 or 150 days of parental leave in Portugal when they or their partner has a baby. This is the total amount of leave which must be shared between the two parents, which includes mandatory maternity and paternity leave. Parents can choose whether to take:

  • 120 days paid at 100% of salary
  • 150 days paid at 80% of salary

Parents can also extend the duration of their leave by taking it part-time. Employees are granted an additional 30 days of parental leave if:

  • They have twins
  • The baby is hospitalised after birth
  • the baby is born prematurely
  • The mother and father opt to share the initial leave (i.e. they don’t take leave at the same time)

Maternity leave in Portugal

In Portugal, mothers must take at least 42 consecutive days (six weeks) of leave immediately after the birth of a child. This is included in the overall parental leave allowance of 120 or 150 days. They can also choose to take up to 30 days of leave before the birth. Maternity leave in Portugal is paid at 100% of the employee’s normal wages by the social security system, as long as the mother has been employed for at least 80 days in the previous 12 months.

Paternity leave in Portugal

Male employees in Portugal must take at least 28 days of leave when their partner has a baby. Again, this is included in the overall parental leave allowance which is shared between the two parents. They must take this leave within six weeks of the birth, and at least five days must be taken immediately after the birth. Fathers can choose to take the rest of their leave all at once or divide it into multiple blocks. Like maternity leave, paternity leave in Portugal is paid by social security as long as the father meets the requirements in terms of employment history.

Extended parental leave in Portugal

In addition to standard parental leave, parents in Portugal can choose to take an additional three months of leave immediately after their initial leave. Though they don’t receive full pay, they can get an allowance of 25% of their reference income through social security. If parental responsibility is shared between the two parents, this is increased to 40%.

Parental rights on returning to work in Portugal

Female employees returning to work after maternity leave in Portugal have the right to up to two breastfeeding or bottle-feeding breaks per day, for a maximum of one hour per break. They are also exempt from overtime and night work and are granted additional health and safety protections. New parents also have the right to flexible work hours and remote work.

Adoption leave in Portugal

Employees in Portugal who adopt a child are also entitled to parental leave, under the same conditions as those that apply to birth parents. That means that the mother and father are entitled to a shared balance of either 120 days paid at 100% of their normal salary, or 150 days paid at 80%. This is paid by the social security system, as long as the parents meet the employment requirements.

Other leave in Portugal

There are many other leave types in Portugal, which employers should be aware of before hiring employees. This leave may be paid or unpaid. Employers can also choose to grant their employees additional leave as a means of attracting and retaining talent.

Bereavement leave in Portugal

Employees are entitled to between two and 20 days of leave after a bereavement, depending on their family relationship with the person who has died.

Care leave in Portugal

Employees are also entitled to up to 30 days of paid leave each year to provide urgent and essential care to a family member under 12 years old, or 15 days to care for an older family member.

Marriage leave in Portugal

Employees in Portugal are granted 15 days of paid leave when they get married.

Grandparents leave in Portugal

Grandparents’ leave is a specific leave type in Portugal, which applies when a person under the age of 16 who lives with their parents has a child. In this case, the parents (the child’s grandparents) can take up to 30 days of unpaid leave to care for the child.

Education leave in Portugal

Working students in Portugal are entitled to a certain amount of leave to help them complete their studies. They can take unpaid leave to take exams in up to four subjects per year. This can be taken either the day before a test or the day of the test. If a student has more than one exam in one day, the number of days’ leave they can take is the same as the number of exams they are sitting.

Public holidays in Portugal

Portugal observes 13 national public holidays each year. Of these, 10 fall on fixed dates, while 3 are movable (based on the Catholic calendar). As a traditionally Catholic country, many public holidays are religious in nature.

Portugal does not apply a substitute or “Mondayisation” system. If a public holiday falls on a weekend, it is not carried over, and the day off is generally lost.

In addition to national holidays, each of Portugal’s 308 municipalities observes one local public holiday. Employees are entitled to time off on the local holiday of the municipality where they work.

Are public holidays paid in Portugal?

Public holidays are paid days off. Employees are entitled to their normal pay.

Employers cannot require employees to work on a public holiday.

If an employee does work on a public holiday:

  • The work is treated as overtime.
  • It must be paid at at least 150% of the normal rate.
  • The employee is also entitled to a compensatory day off within three working days.

National public holidays in Portugal

1 January (Thursday)
New Year’s Day
3 April (Friday)
Good Friday
5 April (Sunday)
Easter Sunday
25 April (Saturday)
Liberation Day
1 May (Friday)
Labour Day
10 June (Wednesday)
Portugal Day (National Day).
4 June (Thursday)
Corpus Christi
15 August (Saturday)
Assumption of the Virgin Mary.
5 October (Monday)
Republic Day
1 November (Sunday)
All Saints’ Day
1 December (Tuesday)
Independence Restoration Day
8 December (Tuesday)
Immaculate Conception
25 December (Friday)
Christmas Day

Protect your employees and your business

As an employer in Portugal, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.

When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.

FAQ's

How has Portuguese leave law changed in recent years?

Portuguese leave law has expanded several employee entitlements in recent years, particularly bereavement leave, parental leave, gestational bereavement leave and leave for informal carers. Changes introduced under Law 13/2023, which took effect on 1 May 2023, increased bereavement leave to 20 consecutive days following the death of a spouse, partner or child. It also introduced up to three consecutive days of gestational bereavement leave for each parent and 5 working days of annual leave for recognised informal carers.

Parental leave rights were also expanded, including an increase in the father’s exclusive parental leave to 28 working days. Employers should base their leave policies on the rules currently in force rather than proposed reforms. Further changes to parental leave have been discussed in Portugal, but proposals that have not completed the legislative process should not yet be treated as employee entitlements.

What types of paid leave are employees entitled to in Portugal?

Employees in Portugal can receive paid annual leave, paid public holidays, marriage leave, bereavement leave, gestational bereavement leave and paid parental leave, although some payments are provided through Social Security rather than directly by the employer.

Employees are generally entitled to at least 22 working days of paid annual leave each year, as well as Portugal’s mandatory public holidays. Marriage leave provides 15 consecutive days, while bereavement leave varies according to the employee’s relationship with the person who died. This can reach 20 consecutive days following the death of a spouse, partner or child.

Portugal also provides three consecutive days of gestational bereavement leave for each parent. Parental leave is another paid entitlement, although the payment generally comes through Portuguese Social Security.

Other justified absences may protect an employee’s time away from work without requiring the employer to continue normal salary payments.

How many vacation days do employees get in Portugal?

Employees in Portugal are generally entitled to at least 22 working days of paid annual leave each year, with different accrual rules applying during the first year of employment.

In the first year, employees generally accrue two working days of leave for each month of employment, up to 20 working days. This leave can generally be taken after six complete months of employment. If the calendar year ends before the employee completes six months, the leave may be taken by 30 June of the following year, subject to a maximum of 30 working days being taken in that year unless a collective bargaining agreement permits otherwise.

Annual leave is counted in working days rather than calendar days, which means weekends and public holidays do not normally reduce the employee’s statutory holiday entitlement. Employers also have responsibilities around scheduling and recording annual leave. The annual leave schedule must generally be prepared and displayed within the statutory timeframe, and unused leave may be carried into the following year in certain circumstances, including where the employer and employee agree.

Leave can be carried into the following year and taken up to 30 April by agreement. Up to half of the previous year’s entitlement can also be combined with the current year´s entitlement For shift workers whose weekly rest falls on weekdays, Saturdays and Sundays that are not public holidays are treated as working days when calculating annual leave.

How does sick leave work in Portugal?

Employees who are unable to work because of illness may qualify for Portuguese Social Security sickness benefit, known as subsídio de doença, rather than receiving normal salary from their employer during the absence.

For employees, the benefit is generally paid at 55% of reference remuneration for absences of up to 30 days, 60% from 31 to 90 days, 70% from 91 to 365 days and 75% for longer qualifying absences. A three-day waiting period generally applies before sickness benefit begins, although there are exceptions, including certain cases involving hospitalisation and tuberculosis. Eligible employees can receive the benefit for up to 1,095 days.

The amount paid is based on the employee’s reference remuneration and Social Security eligibility. Employers still need to record and manage the absence correctly through payroll and HR, even though Social Security generally funds the sickness benefit.

What maternity and parental leave are employees entitled to in Portugal?

Parents in Portugal can generally choose 120 or 150 consecutive days of initial parental leave, with additional leave available when the entitlement is shared between both parents and in cases such as multiple births.

The mother must take six weeks of leave immediately after the birth. The father also has a separate mandatory entitlement of 28 workings days, including at least seven consecutive days immediately after the birth, with the remaining mandatory days taken within the required period following the birth.

Parents who share the initial parental leave in accordance with the statutory requirements can receive an additional 30 days. Each parent may also qualify for extended parental leave after the initial period.

Although people commonly refer to “maternity leave”, Portuguese law provides parental leave rights across both parents, with specific periods reserved for the mother and father as part of the wider entitlement.

Is maternity leave paid in Portugal?

Yes. Parental leave in Portugal is generally paid through Social Security, with the amount based on the leave option selected and the employee’s reference remuneration.

For the standard initial parental leave, the 120-day option is generally paid at 100% of reference remuneration, while the 150-day option is generally paid at 80%. Reference remuneration is calculated using the employee’s qualifying earnings over the relevant Social Security reference period.

The father’s mandatory 28 working days of leave and qualifying optional days are generally paid at 100%. Additional qualifying days for multiple births are also paid at 100%.

Different payment rates can apply when parents share their leave or move into extended parental leave. Extended parental leave taken after the initial entitlement is generally paid at a lower percentage of reference remuneration.

The benefit is paid through the Instituto da Segurança Social (ISS), while the employer records and manages the employee’s absence.

What is the parental leave sharing bonus in Portugal?

Parents in Portugal can receive an additional 30 days of initial parental leave when both parents share the leave and each takes the required exclusive period after the birth.

This can extend a 120-day initial parental leave period to 150 days, or a 150-day period to 180 days. The payment rate also varies according to the option selected, with the 150-day shared option, consisting of 120 days plus the additional 30 days, generally remaining at 100% of reference remuneration and the 180-day option generally paid at 83%.

To qualify for the additional 30 days, each parent must take an exclusive period of leave after the mother’s mandatory six weeks following the birth. This can generally be taken as one continuous period of 30 days or two periods of 15 consecutive days.

Employers should record the leave arrangement correctly, while the associated parental benefit is generally paid through Portuguese Social Security.

What other types of leave exist in Portugal?

Portugal provides several additional types of leave for caring responsibilities, marriage, bereavement, education and other family circumstances, with the length and payment arrangements varying according to the reason for the absence.

Employees may qualify for up to 30 days per year of child assistance leave for a child under 12, or for the entire period of hospitalisation where applicable with additional protections applying where a child has a disability or chronic illness. Leave is also available to assist a spouse or other qualifying relative, while recognised informal carers can receive 5 working days of leave each year.

Other entitlements include 15 consecutive days of marriage leave and bereavement leave, which varies according to the employee’s relationship with the person who died. Grandparents may also qualify for leave in specified circumstances following the birth of a grandchild.

Student-workers have additional protections for examinations, while parents can take limited time away from work to attend school-related meetings.

How do public holidays affect paid leave in Portugal?

Mandatory public holidays generally do not reduce an employee’s annual leave entitlement in Portugal because statutory vacation is counted in working days rather than including public holidays.

Portugal has 13 mandatory national public holidays, including New Year’s Day, Good Friday, Easter Sunday, Freedom Day, Labour Day, Corpus Christi, Portugal Day, Assumption Day, Republic Day, All Saints’ Day and three public holidays in December.

Carnival Tuesday and the relevant municipal holiday are not automatically mandatory for every private-sector employee and may apply through a collective bargaining agreement, employment contract or other applicable arrangement.

Different rules also apply when an employee is required to work on a mandatory public holiday. Depending on the circumstances, the employee may be entitled to additional pay or compensatory rest under Portuguese employment law.

Why should companies partner with CXC to manage employee leave and time off in Portugal?

Companies partner with CXC because we have the local expertise to manage Portugal’s leave requirements correctly, backed by more than 30 years of workforce management experience.

CXC helps manage annual leave, public holidays, parental leave, sickness absence, bereavement leave and other statutory time off. We track employee entitlements and accruals, record absences and make sure relevant leave payments are handled correctly through payroll.

For businesses without a Portuguese entity, CXC can manage leave and employment administration through our Employer of Record service. Companies with their own local setup can also use CXC for payroll and related workforce support.

CXC supports workforces across 100+ countries, which is particularly useful for companies managing employees in Portugal alongside teams in other markets.

Speak to our team to learn more about managing employee leave and time off in Portugal with CXC.

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