Maternity Leave in Portugal

Maternity leave is an essential benefit that supports women during the early stages of motherhood by providing financial and job security. It is a critical aspect of labor legislation that has a direct impact on gender equality and female workforce participation. In Portugal, maternity leave is a legal right for pregnant workers and is regulated by law. In this article, we will explore the maternity leave system in Portugal, including its benefits, eligibility criteria, and duration.

Benefits Of Maternity Leave In Portugal

Maternity leave in Portugal provides pregnant workers with a range of benefits that support their well-being during pregnancy and the postpartum period. These benefits include:

• Financial Support: Pregnant workers are entitled to receive financial support during their maternity leave. The Portuguese Social Security system pays 100% of the worker’s average salary during the 120 days of maternity leave.

• Job Security: Pregnant workers are protected from dismissal during pregnancy and the 120 days following childbirth. This ensures that they can return to their jobs after maternity leave with job security.
• Time off for Health and Childcare: Maternity leave allows new mothers to take time off work to attend medical appointments, breastfeeding, and infant care.

Eligibility Criteria For Maternity Leave In Portugal

To be eligible for maternity leave in Portugal, pregnant workers must meet specific criteria, including:

• Employment Status: Pregnant workers must be employed under a contract of employment or service provision agreement.
• Duration of Employment: Pregnant workers must have been employed for at least six months by the same employer.
• Social Security Contributions: Pregnant workers must have made social security contributions for at least 180 days in the 12 months preceding the start of maternity leave.

If a pregnant worker meets these criteria, they are entitled to take 120 consecutive days of maternity leave, with the possibility of an additional 30 days if recommended by a doctor due to health issues. Mothers can start maternity leave up to four weeks before the expected date of childbirth, and they must take at least six weeks of leave after delivery.

Duration Of Maternity Leave In Portugal

The duration of maternity leave in Portugal is 120 consecutive days, with the possibility of an additional 30 days if recommended by a doctor due to health issues. Mothers can start maternity leave up to four weeks before the expected date of childbirth, and they must take at least six weeks of leave after delivery.

In addition to maternity leave, fathers are also entitled to paternity leave in Portugal. The paternity leave duration is 15 consecutive days and can be taken anytime during the first four months after the child’s birth.

Breastfeeding Support In Portugal

Breastfeeding is encouraged in Portugal, and breastfeeding breaks are guaranteed by law. Women who return to work after maternity leave are entitled to two breastfeeding breaks per day, with a duration of one hour each. These breaks are paid and are mandatory for employers to provide. This provision ensures that women who choose to breastfeed can do so without affecting their work hours or income.

Challenges Of Maternity Leave In Portugal

While maternity leave in Portugal provides many benefits, there are still challenges that need to be addressed. These include:

Length of Maternity Leave: Although the 120-day maternity leave is longer than in many other countries, some experts argue that it is still not enough time for women to recover from childbirth and adjust to motherhood. This is especially true for women who experience complications during childbirth or have pre-existing health conditions.

Limited Paternity Leave: While paternity leave is available in Portugal, the duration is relatively short, and it may not provide enough time for fathers to bond with their children and support their partners during the postpartum period.

Inequality in the Workplace: Despite the legal protection of pregnant workers, there is still a significant gender pay gap in Portugal, and women are underrepresented in leadership positions. This inequality can make it challenging for women to balance motherhood and career advancement.

Financial Benefits During Your Maternity Leave In Portugal

During maternity leave in Portugal, the employee is entitled to receive a financial benefit known as “Subsídio de Maternidade” from Social Security. The amount of the benefit is calculated based on the average monthly salary of the employee in the six months preceding the start of maternity leave. The benefit amount is usually 100% of the employee’s average salary, up to a maximum threshold.

However, there is a minimum and maximum amount of financial benefit that an employee can receive during maternity leave. As of 2021, the minimum monthly benefit amount is €17.21, while the maximum monthly benefit amount is €3,097.22. It’s important to note that the employee’s contract may specify a higher benefit amount, which the employer must pay in addition to the Social Security benefit.

In addition to the financial benefit, the pregnant employee may be entitled to additional time off from work in case of specific situations. For example, if the child is born with a disability or illness, the mother may be entitled to an additional 30 days of leave. In case of multiple births (twins, triplets), the mother is also entitled to an additional 30 days of leave.

It’s worth noting that during the period of maternity leave, the employment contract is suspended, and the employer cannot terminate the employee’s contract, except for specific situations defined by law. Furthermore, the employee is entitled to return to the same position and working conditions they had before the maternity leave. If the employer cannot provide the same position, they must offer an equivalent or higher position to the employee.

When To Inform Your Employer Of Pregnancy In Portugal?

In Portugal, pregnant employees are required to inform their employer of their pregnancy as soon as possible, preferably in writing. This notification must include the expected date of delivery and the start date of maternity leave, which may be up to four weeks before the expected delivery date.

Employers must then inform the competent Social Security services within 10 days of receiving the employee’s notification of pregnancy. Failure to do so can result in a fine for the employer.

It’s important to note that the pregnant employee is protected against any discriminatory treatment from the moment the employer is informed of the pregnancy. This protection extends to all aspects of employment, including pay, promotion, and training opportunities. Any discriminatory behavior against a pregnant employee is considered illegal and can lead to severe penalties for the employer.

In addition to notifying the employer, pregnant employees are also entitled to attend medical appointments related to their pregnancy during working hours, and the employer cannot deduct any salary or benefits for this time off. The employee must inform their employer of the appointment in advance and provide a medical certificate justifying the absence.

Can You Go On Maternity Leave During Your Probation Period In Portugal?

Yes, a pregnant employee can go on maternity leave during their probation period in Portugal. However, it’s important to note that maternity leave does not suspend the probationary period. This means that the probationary period continues to run during the maternity leave, and the employer can terminate the employment contract if the employee fails to meet the performance expectations.

In addition, the duration of the probationary period is not affected by the maternity leave. This means that the employee will still have to complete the full probationary period, even if they take the full 120 days of maternity leave.

It’s also worth noting that during the probationary period, the employer may be more likely to terminate the employment contract if they perceive that the employee’s performance is not meeting expectations. However, it’s illegal for an employer to terminate the employment contract due to the employee’s pregnancy or because they have taken maternity leave. If an employer terminates the employment contract for these reasons, it constitutes discrimination and can lead to legal consequences for the employer.

Job Protection During Your Time Away From Work In Portugal

In Portugal, pregnant employees are entitled to job protection during their time away from work on maternity leave. This means that the employer cannot terminate the employee’s employment contract during this period, except under specific circumstances defined by law.

The employee is entitled to return to the same position and working conditions they had before the maternity leave. If the employer cannot provide the same position, they must offer an equivalent or higher position to the employee.

Furthermore, if the employee has taken additional time off due to a child’s illness or disability or for parental leave, they are also protected against termination during this period. The protection lasts for a specific period, depending on the length of the leave. For example, if the employee takes parental leave for six months, they are protected against termination for an additional six months after their return to work.

It’s important to note that if the employer terminates the employment contract during the protected period, it is considered illegal and discriminatory, and the employee is entitled to legal compensation. Employers can only terminate the employment contract during the protected period if there is just cause, such as serious misconduct or breach of contractual obligations by the employee.

It’s also worth noting that if the employer violates the employee’s job protection rights, the employee can file a complaint with the competent authorities, such as the Labor Inspectorate or the Labor Court. If the complaint is successful, the employer may be subject to fines, penalties, or other legal consequences.

Conclusion

Maternity leave is an essential benefit that supports women during the early stages of motherhood. In Portugal, maternity leave is a legal right for pregnant workers and provides financial and job security, as well as time off for health and childcare. While the duration of maternity leave in Portugal is relatively long compared to other countries, some experts argue that it may not be sufficient for women to fully recover from childbirth and adjust to motherhood.

Furthermore, the limited duration of paternity leave and gender inequality in the workplace are challenges that need to be addressed to promote gender equality and support working parents. Addressing these challenges will require not only legislative reforms but also changes in societal attitudes and workplace culture.

Overall, maternity leave in Portugal provides essential support to working mothers and is an important aspect of labor legislation. It is critical to continue improving and expanding maternity leave policies to ensure that all working parents have access to the support they need during this important time in their lives.