Understanding PTO Reports in Portugal
Starting a job in Portugal involves getting familiar with the country’s employment laws, especially how Paid Time Off (PTO) is structured. This guide aims to assist both employees and employers in navigating the key aspects of PTO in Portugal, including annual leave, extra days off, and how to handle PTO reporting and usage.
How PTO is counted in Portugal
In Portugal, PTO is primarily categorized as annual leave (férias) with certain provisions for additional paid days off in special circumstances. The rules surrounding PTO are defined by both labour laws and collective bargaining agreements (CBAs), depending on the industry and the employee’s position.
Annual leave (Férias)
Employees in Portugal are entitled to at least 22 business days of annual leave each year, which applies to those who have worked a full calendar year. Portuguese labour law sets this as the minimum, though many companies offer extra leave depending on factors such as seniority, company policies, or collective agreements, which further support work-life balance.
Business days in Portugal are considered to be Monday through Friday, excluding public holidays. This structure is similar to many other countries in Europe. Annual leave is earned progressively and can typically be taken as soon as it is accrued, although some employers may impose specific rules regarding when leave can be used.
Special leave (Licenças especiais)
In addition to annual leave, employees may be entitled to additional days off for various life events, such as:
- Marriage leave: Employees are entitled to 15 consecutive days off for marriage.
- Parental leave: Both parents are entitled to time off following the birth or adoption of a child. The number of days varies depending on individual and shared parental leave.
- Bereavement leave: Employees can take up to five days in the event of a death of a spouse, parent, or child.
These additional types of leave are often mandated by law or negotiated through CBAs.
How many PTO days can an employee get?
- Annual leave: By law, all employees in Portugal are entitled to at least 22 business days of paid leave per year.
- Extra leave: Many collective bargaining agreements or internal company policies may provide for additional paid leave based on factors like seniority or specific job roles. For example, some CBAs may grant extra days to employees who work in more demanding industries or for those with longer tenures at the company.
The reference period for PTOs
Annual leave
The reference period for accruing annual leave in Portugal generally runs alongside the calendar year. This means that the 22 business days an employee is entitled to are earned based on a full year of employment, from January 1st to December 31st.
Employees can usually begin taking their accrued leave after completing six months of service with the company. However, Portuguese law allows employers to require employees to take at least 10 consecutive business days of leave during a designated period, often in the summer. Employees are expected to take their leave during the calendar year in which it is earned, but in some cases, with mutual agreement, unused leave can be carried over to the first three months of the following year.
Special leave
Special types of leave, such as marriage or parental leave, follow different timelines and reporting requirements depending on the event. For example, employees must notify employers in advance for planned events like marriage or childbirth, while sudden events like bereavement require immediate notification.
How can employees take PTO?
The process for requesting and taking PTO in Portugal depends largely on the company’s internal policies and any applicable CBAs. Common guidelines include:
- Annual leave: Employees have the right to decide the timing of part of their leave, but the employer can set certain dates, especially for collective shutdowns (e.g., during summer or Christmas holidays). Portuguese labour law requires employees to take at least 10 consecutive business days of leave in one go.
- Special leave: Most special leave, such as parental leave or bereavement leave, requires employees to inform their employer as soon as possible. For planned events, like marriage, advanced notice is usually required.
How to report PTO to your employer?
Reporting PTO in Portugal generally involves the following steps:
- Check your CBA: Always check your company’s collective bargaining agreement, as it may include specific provisions for leave requests and approval processes.
- Request in advance: Portuguese employers typically require advance notice for leave, especially for annual leave. This is particularly important during peak holiday seasons.
- Formal approval: Make sure to get formal approval from your employer before taking your leave. This is usually done through the company’s HR system or a written request.
- Document your leave: Keep track of your PTO balance and any leave taken to avoid misunderstandings with your employer.
- Plan around business needs: Employers in Portugal can deny leave requests if it interferes with critical business operations. Therefore, it’s advisable to coordinate leave during less busy periods or plan well in advance.
Need help understanding PTO in Portugal?
Navigating PTO regulations in Portugal requires an understanding of both statutory entitlements and any applicable CBAs. With 22 business days of annual leave and additional days off for life events, Portuguese employees enjoy generous time off, though it’s crucial to adhere to company policies and legal frameworks.
If you have any questions or need further clarification about PTO in Portugal, our HR consultants are available to help. Whether you’re an employee seeking to understand your rights or an employer wanting to ensure compliance with Portuguese regulations, don’t hesitate to contact us for assistance.