Responsabilidades Familiares

Licença por paternidade

The father is entitled to 28 calendar days of leave, which can be taken consecutively or in minimum periods of 7 days. The first 7 days are consecutive and must be taken immediately after birth, and the other 21 days must be taken within 6 weeks (42 days) after birth, in minimum periods of 7 consecutive days.

The father also has the right to enjoy 7 optional working days, consecutive or alternate, taken at the same time as the mother.

Source: §43 of the Labour Code 2009; Act No. 120/2015 of 1st September 2015; http://www.seg-social.pt/maternidade-e-paternidade; http://www.seg-social.pt/adocao

Licença parental

The father and the mother have the right to a complementary parental leave to care for their child, under six years of age, in any of the following schemes: extended parental leave of three months (individual right of each parent); Part-time work for 12 months, with a working period of half the complete working period; intermittent periods of extended parental leave and part-time work, with the total absence and working time reduction equivalent to the normal working periods of three months; and intermittent absences with the duration equivalent to the normal working period of three months, as long as it is provided in a collective bargaining agreement. During this extended 3-month leave, workers are entitled to only 25% of their gross pay.

Source: §40 of the Labour Code 2009; http://www.seg-social.pt/maternidade-e-paternidade; http://www.seg-social.pt/adocao

Horário flexível para trabalhadores com responsabilidades familiares

Parents with children below 12 years (no age limit in the case of chronically ill or disabled children) are entitled to ‘flexible working’. An employee may choose, within certain limits, when to start and finish daily work. Employees may work up to six consecutive hours and up to ten hours daily as long as the normal weekly hours of work are fulfilled. Both parents are entitled to this ‘flexible working schedule for an employee with family responsibilities’. Similarly parents with children under 12 years (no age limit in the case of chronically ill or disabled children) are entitled to part-time work after taking Additional Parental leave (of three months). Part-time work can be taken on the following basis: working half-time during five days a week or working three full days per week. Employers and employees can agree on another basis. Part time work can be extended up to two years (three years in the case of third and subsequent child, four years in the case of chronically ill or disabled child).

In accordance with the Act No. 120/2015, employees with parental responsibilities are entitled to flexible forms of employment (e.g. part-time work or flexible work arrangements) and cannotshall not bbe placed at any disadvantage concerning performance assessment and career progression.

Source: §55-57 of Labour Code 2009