Maternidade e Trabalho

Licença de maternidade

The maternity leave in Portugal is part of initial parental leave and is 120 or 150 days, depending on the payment level. Mother may take up 30 days' parental leave before birth. Six weeks' post natal leave is obligatory for new mothers. In the case of multiple births, initial parental leave is extended by 30 days for each additional child. The maternity leave (referred to as initial parental leave) can be increased by 30 days if each of the parents exclusively enjoys a period of 30 consecutive days or two periods of 15 consecutive days each after the mandatory period of six weeks/42 days as referred above.

In case of death/mental illness/physical incapacity of the parent who is taking leave, the other parent is entitled to the remaining leave to which the deceased parent was entitled. A minimum of 30 days leave is granted to the father in case of mother’s death/mental/physical incapacity.

Source: §39-42 of Labour Code 2009

Garantia salarial

Initial Parental leave may be taken in the following ways: either parent (mother or father after the mother’s obligatory six weeks leave) may take all 120 days at 100 per cent of earnings or all 150 days at 80 per cent of earnings; parents may divide between themselves 150 days at 100 per cent of earnings on condition the father takes at least 30 consecutive days or two periods of 15 consecutive days of leave alone, without the mother, or vice versa); parents may divide between themselves 180 days at 83 per cent of earnings on condition the father takes at least 30 consecutive days or two periods of 15 consecutive days of leave alone, without the mother, or vice versa).

In cases of poor health or health risks for the mother and child, the pregnant mother is entitled to receive maternity benefits (at the rate of 100% of her pay) before birth for as long as the period of risk lasts.

All employees with a record of six months of insurance contributions are eligible for this benefit. The benefit is funded by the Social Security system and is financed by the social security system for employers and employees.

Source: §11-14 & 29-38 of Decree Law No. 91/2009 of April 09, 2009 on Social Protection for Parents; http://www.seg-social.pt/maternidade-e-paternidade

Cuidado médico gratuíto

Pregnant employees are entitled to leave of absence with pay for prenatal medical examinations or for childbirth preparation courses when such examinations cannot be reasonably take place outside working hours. A father is also entitled to three exemptions from work to accompany the pregnant worker to prenatal visits. Medical services are provided directly to patients by health centers and hospitals. Benefits include general and specialist care, maternity care, hospitalization, surgery, approved medications, and long-term care. There is no limit on time duration of treatment. There is no co payment for pregnant women and new mothers and all the expenses are paid by the health service.