A Guide to Maternity and Paternity Leave in Portugal

Navigating the landscape of parental leave in Portugal can be complex, but it’s essential for both employees and employers to understand the rights and processes involved. This guide provides an overview of maternity and paternity leave, including the duration, required documentation, and the process of requesting leave. We’ll also cover the financial aspects, such as salary support provided by the Portuguese government.

Maternity leave in Portugal

Maternity leave is a critical part of employee benefits in Portugal, designed to protect the health of both mother and child while allowing the mother to recover and bond with her newborn.

Length of maternity leave

The Portuguese government mandates a minimum of 120 days of maternity leave, which can be extended to 150 days if shared with the father. The leave is split into two phases:

• Prenatal leave (up to 30 days before birth): Expectant mothers can begin their leave up to 30 days before the expected due date. This period is meant to help the mother reduce stress and focus on preparing for childbirth, as well as ensuring the health of both the mother and the baby.
• Postnatal leave (after birth): Following childbirth, mothers are entitled to a minimum of 90 days of leave, with an option to extend it to a total of 150 days if shared with the father. This time is critical for recovery from childbirth, bonding with the baby, and adjusting to new parental responsibilities.

In cases of multiple births or medical complications, maternity leave may be extended.

Requesting maternity leave

The process for requesting maternity leave in Portugal is relatively straightforward but requires attention to documentation:

• Medical certificate: The employee must provide a certificate from their doctor or midwife that confirms the pregnancy and states the expected due date. This document is essential for both the employer and Social Security (Segurança Social) to validate the maternity leave.
• Written notice to employer: The employee must send a formal notification to their employer, outlining the exact dates of their maternity leave. This can usually be done via email, but it’s important to ensure that the request is properly documented.

Salary during maternity leave

During maternity leave, the Portuguese Social Security system provides financial support to employees. For the standard 120 days of leave, mothers receive 100% of their salary. If the leave is extended to 150 days, typically when shared with the father, the salary coverage is reduced to 80%. This financial assistance helps alleviate the financial strain on new mothers, allowing them to focus on recovery and caring for their newborn without the added stress of income loss.

Paternity leave in Portugal

Portugal also recognizes the vital role fathers play in the early stages of a child’s life. Paternity leave is designed to allow fathers to support the mother and bond with their newborn, fostering a more balanced approach to family responsibilities.

Length of paternity leave

Portuguese law grants fathers 20 days of mandatory paternity leave. These days are divided as follows:

• 5 mandatory days must be taken consecutively immediately following the birth.
• The remaining 15 days can be taken within the first six weeks after the child’s birth.

Additionally, fathers can take an optional 5 days of paternity leave, which is usually taken consecutively but can also be spread out.

Requesting paternity leave

Fathers must follow a simple procedure to request paternity leave:

• Pre-birth documentation: Before the child is born, the father must inform the employer in writing about the expected leave period and provide a certificate of the expected birth date from a doctor or midwife.
• Post-birth documentation: After the child’s birth, the father should provide the employer with a copy of the child’s birth certificate to confirm the leave period.

Salary during paternity leave

During paternity leave, the Portuguese government, through Social Security, provides financial support to fathers. Fathers receive 100% of their average salary throughout the paternity leave period, which includes both the 20 mandatory days and an additional 5 optional days. This system ensures that fathers are financially supported as they take time off to care for their newborn and assist the mother during the critical early days following the birth.

Parental leave in Portugal

Parental leave in Portugal may be shared between both parents after the initial maternity or paternity leave. Parents have the option to take extended parental leave, where either parent can take up to three months of unpaid leave. Additionally, part-time parental leave is available, allowing parents to request part-time work for a specified period, providing flexibility as they transition back to their professional responsibilities.

Navigating maternity and paternity leave with Parakar’s expertise

Ensuring a smooth transition during maternity and paternity leave is crucial for both employees and employers. Understanding the legal requirements and managing the necessary documentation is key to maintaining a supportive and compliant workplace environment. By staying informed and adhering to Portuguese labour laws, employers can create a positive atmosphere that benefits everyone involved.

At Parakar, we understand the challenges of managing these processes. Our team of experts is here to provide you with the guidance and support needed to confidently navigate Portuguese labour laws. Whether you have questions about maternity and paternity leave or other regulatory requirements, we are ready to assist you.