Parental Leave In Portugal: Your Essential Guide

Unraveling the tapestry of parental leave in Portugal can feel like learning Portuguese itself daunting, yet rewarding.

But fear not, this guide is here to break down the complexities and leave you fluent in your rights and options. So, whether you’re a mom-to-be or a soon-to-be dad, let’s dive in!

What Is Parental Leave In Portugal? 

In Portugal, both mothers and dads are eligible for parental leave, which allows them to take time out of work to care for their young children.

In accordance with the rules, parents who are on parental leave cannot have their employment terminated.

In order to help families and advance gender equality in the workplace, Portugal has one of Europe’s most generous parental leave policies.

Who Can Take Parental Leave In Portugal?

In Portugal, both mothers and dads are eligible for parental leave. Also, parents can split up to 150 days of leave under the shared parental leave scheme.

Adoptive parents and guardians are likewise covered by the parental leave policy and are entitled to the same amount of time off as biological parents.

Parents must be registered with the Portuguese Social Security system and have worked for at least six months before the birth or adoption of their child to be eligible for parental leave.

Parents must also notify their employer at least ten days before the commencement of the left term of their decision to take parental leave.

Who Cannot Take Parental Leave In Portugal?

Under some circumstances, an employee in Portugal could not be eligible for parental leave.

For instance, an employee could only be qualified for parental leave if their company had employed them for at least six months before the birth or adoption of their kid.

Also, the employee might not be allowed to take parental leave concurrently if they already receive other types of leave, such as sick or vacation time.

The employee may be qualified for parental leave under different circumstances than workers with formal contracts if they are self-employed or freelancing. The social security system may offer other sorts of assistance in certain circumstances.

How Long Can I Go On Parental Leave In Portugal?

The parents circumstances determine the length of parental leave in Portugal. Depending on whether they have a single delivery or multiple babies, mothers are entitled to 120–150 days of leave.

Throughout the first 30 days following the birth of their kid, fathers are entitled to 15 days of paid leave.

Moreover, shared parental leave allows parents to split up to 150 days of leave between them. As a result, if both parents choose for shared parental leave, they may take 300 days off from work.

Parents must use their parental leave during the first year after the birth or adoption of their kids, and it is crucial to mention this.

Also, they must notify their employer at least ten days before the commencement of the left term of their decision to take parental leave.

The parent has the right to receive full pay for the first month of parental leave and 80% of their regular pay for the following months.

When Can I Start My Parental Leave In Portugal?

In Portugal, parental leave can be started at any point within the first year following a child’s birth or adoption.

Nonetheless, they must notify their employer at least ten days before the commencement of the left term of their decision to take parental leave.

Women who give birth have the right to begin their parental leave as soon as the child is born, and they are required to take at least six weeks of leave after the child is born.

Fathers are allowed to take 15 days off during the first 30 days following their child’s birth. However, they can take this time off in the first year.

It’s vital to remember that, except for the shared parental leave system, which allows parents to divide the time between them, parental leave must be taken in one continuous period.

A parent who wishes to take parental leave for more than one term must seek the employer’s consent and adhere to specific legal requirements.

How Can I Split My Parental Leave Between Portugal?

Portugal’s shared parental leave system allows parents to divide their parental leave. As a result, if both parents use the shared parental leave option under this arrangement, they can each take up to 150 days of leave for a maximum of 300 days.

Both parents must be qualified for parental leave to share parental leave and agree on how to divide the leave between them.

Parents have the option of taking their leave concurrently or sequentially. Under the shared parental leave program, a parent may take up to 150 days of leave in a calendar year.

At least ten days before the commencement of the left term, parents must notify their employer of their plan to take shared parental leave.

Both parents must sign a statement stating that they agree to the shared parental leave arrangement, the start and end dates of the leave, the number of days each parent will take, and other information.

To qualify for shared parental leave, both parents must be employed and make social security contributions. However, only parents of children born or adopted after August 1, 2019, are eligible for the shared parental leave program.

Can I Work During Parental Leave In Portugal?

Parental Leave In Portugal 1

Working while on maternity leave is often not authorized in Portugal. Working during this time is prohibited since parental leave is intended to give parents time to care for their children.

The parent has the right to receive full pay for the first month of parental leave and 80% of their regular pay for the following months. Nevertheless, if a parent works while on parental leave, they might not be eligible for this financial assistance.

To this rule, there are several exceptions. For instance, parents are still entitled to parental leave payments even if they work up to 10 days throughout their leave time. “Partial parental leave” is what is referred to here.

If their employer agrees and the employment is compatible with their parenting responsibilities, parents may also work throughout their parental leave term.

It’s vital to remember that working without permission while on parental leave might result in suspending parental leave payments and legal repercussions.

Parents should speak with their employer and the Portuguese Social Security system to ensure they abide by the law while on maternity leave.

Can I Get Fired During Parental Leave In Portugal?

Terminating an employee’s contract in Portugal is not permissible because they are on parental leave. Employers are not allowed to fire workers for taking parental leave; if they do, it is viewed as an unjust dismissal.

An employee may file a lawsuit against their company if they feel they were wrongfully let go for taking parental leave.

It’s crucial to remember that a company can terminate an employee’s contract for other reasons besides maternity leave, such as financial hardship or disciplinary difficulties.

Also, employees risk losing their job if they take parental leave longer than allowed by law or their employment contract.

It’s also critical to remember that workers on parental leave have legal rights and safeguards. They have the right, for instance, to be notified of any changes to their working circumstances or position while they are on leave.

Furthermore, while their parental leave, their job contracts and related perks, such as seniority and vacation days, are still in effect.

Can I Quit During My Parental Leave In Portugal?

You may resign from your job in Portugal while on parental leave. It’s crucial to remember that leaving your work while on maternity leave may affect your eligibility for benefits, such as financial assistance from the Social Security system.

You must give written notice to the employer of your decision to terminate your employment agreement if you decide to leave your work while on maternity leave.

Let the Portuguese Social Security system know you have lost your job and will no longer be eligible for parental leave payments.

It’s also crucial to remember that if you left your work, you might not be eligible for unemployment benefits because doing so freely could be a good argument against them.

So, before making any decisions, it’s crucial to thoroughly weigh the financial and legal ramifications of leaving your employment while on parental leave.

Conclusion 

Navigating parental leave in Portugal might have its twists and turns, but remember, it’s a journey well worth the effort.

And with the insights from this guide, you’re already several steps ahead. Here’s to embracing the thrilling ride of parenthood in beautiful Portugal!

Happy Parenting!

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