Parental Leave in Portugal: The Basics Every Employer Must Know

Author: Filipa Faria

Expanding your team into a new country is exciting, but it also means navigating a new legal landscape. Portugal has a labor framework supportive of working parents.

For foreign employers, parental leave is one of the most important areas to get right early on.

Beyond compliance, how a company handles pregnancy, early parenthood, and reintegration back to work sends a powerful message: family matters here. That message directly influences the company's psychological contract, trust, engagement, and long-term retention.

This article shares a generic and informative overview of how parental leave works in Portugal.

Parental Leave in Portugal

Since 2019, following amendments to the Labor Code under Law No. 7/2009, and subsequent changes, Portugal no longer distinguishes between maternity and paternity leave. Both are now encompassed under parental leave.

This approach simplifies the system and ensures that parental responsibilities can be shared between parents, regardless of gender or family structure. It also guarantees equal access to time away from work and to the related Social Security benefits. For HR, this means fewer categories to manage and a clearer, more inclusive framework when supporting employees who welcome a new child.

Adoptive parents in Portugal, in general, benefit from the same parental leave rights as biological parents, including 120 or 150 days of adoption leave (with additional time in cases of multiple adoptions), as well as protected absences for mandatory adoption assessment procedures.

How long is parental leave? 

It ranges between 120 and 150 consecutive days and can be taken by either parent or shared between both. If shared, it may be increased by 30 days (up to a total of 180), provided that each parent takes, exclusively, either 30 consecutive days or two periods of 15 consecutive days after the mother’s compulsory 42-day postpartum period.

Note: The parental allowance is paid individually by Social Security based on each parent’s reference pay and subject to statutory caps. Percentages apply when legal conditions are met (e.g., valid sharing declaration).

Employers do not approve or negotiate the duration of parental leave

Parental leave in Portugal is a legal right, not a benefit subject to employer approval. Once an employee informs the company of the dates within the legal limits, the company must accept the request as presented.

The duration cannot be shortened, postponed, or replaced by alternative arrangements based on business needs.

This means:

✔️ The employee decides the length of leave (within the legally established options)

✔️ The employer’s role is limited to confirming documentation and updating payroll

✔️ Any influence over the employee’s choice, direct or indirect, can be considered discriminatory

Supporting the employees’ decisions and facilitating an organized handover are best practices.

Clear communication and early planning help ensure continuity of operations while respecting the employee’s rights during one of the most important stages of their life.

Mandatory periods within parental leave

These occur inside the total above:

• Mother: 42 consecutive days, compulsory, immediately after birth

  
  

• Father: 28 compulsory days to be taken within the 42 days following birth, with the first 7 taken consecutively and immediately after birth.

  
  

• Father (optional): up to 7 additional days, which must be taken simultaneously with the mother’s initial parental leave (but not necessarily within the mother’s 42-day compulsory period).

Who pays the employee during parental leave?

Parental allowance is paid by:

👉 Social Security (not the employer)

Employers:

✔ Register the absence

✔ Stop salary payments for that period

✔ Ensure correct payroll reporting

Employees have up to 6 months after birth to apply for the allowance, and payment is retroactive if submitted later.

Notification rules: what the company must check

Parents must inform their employer:

✔ In writing (email is valid)

✔ Within 7 consecutive days after birth

✔ With proof of birth (medical certificate or birth certificate)

If parents intend to share leave, a joint declaration must be submitted.

If no declaration is submitted, the leave defaults to the mother by law.

Quick Tip:

To streamline the process and avoid compliance gaps, your HR department can provide employees with a simple leave notification template. It should capture the legally required elements:

• Start and end dates of leave

  
  

• Proof of birth

  
  

• Whether the leave will be shared

  
  

This reduces errors, speeds up internal processing, and supports employees during an important and busy moment.

Job protection: supporting employees during a vulnerable moment

Pregnancy, the post-partum period, and breastfeeding are times when employees may feel more exposed and in need of stability. Portuguese law recognizes this by providing strong job protection for parents during these stages.

For HR, this means:

• Decisions about dismissal or restructuring must be handled with extra care

  
  

• Any dismissal involving a pregnant, post-partum (within 120 days), or breastfeeding employee requires a prior opinion from CITE

  
  

• Even with a positive opinion, courts maintain strict oversight to ensure fairness

  
  

• ACT actively supervises compliance and can apply significant penalties for violations.

  
  

Beyond the legal requirements, this is an opportunity for employers to show they value their people, especially at a time when support and respect make a lasting difference. Engaging legal counsel early and maintaining open, compassionate communication helps protect both the organization and the employee’s well being.

Final Thoughts

Parental leave is more than a legal requirement in Portugal; it reflects a national commitment to family life and to the well being of future generations. For employers, understanding and respecting these rules is not just about compliance. It is about trust and about investing in the people who drive the organization forward.

How a company supports employees during pregnancy, early parenthood, and the transition back to work has a direct impact on engagement, retention, and overall workplace culture. When organizations plan ahead, communicate clearly, and embrace a supportive approach, they not only maintain business continuity but also strengthen their reputation as a company that genuinely cares.

More and more employers in Portugal are choosing to go beyond the minimum legal standards, offering enhanced benefits or flexibility to support new parents. This trend reflects a growing recognition that family-friendly policies are a strategic investment in both people and society. We will explore these best evolving practices in an upcoming article.

This article is for general information only and does not constitute legal advice. Specific cases should be assessed with legal counsel.

By: Filipa Faria