Paternal leave

Parental leave

The types of parental leave are:

Initial parental leave

Initial parental leave, a right of working mothers and fathers, has a duration of 120 or 150 consecutive days, by choice, and can be shared after the birth. Leave of between 120 and 150 days can be taken simultaneously by both parents.

In addition to this number of days, another 30 days can be added in the following cases:

  • shared parental leave, when the mother and father choose to share the initial leave exclusively, but not at the same time
  • if they are twins, an additional 30 days is added for each twin in addition to the first.

The simultaneous taking of initial parental leave by a mother and father who work for the same company, if a micro-enterprise (up to 9 workers), is subject to the agreement of the employer.

Parental leave exclusively for the mother

In the case of initial parental leave exclusively for the mother, the worker can take an optional period of up to 30 days of leave before childbirth and a mandatory 42 days (6 weeks) after childbirth.

Both periods are part of the initial parental leave, which can be up to 120 or 150 days.

Parental leave exclusively for the father

In the case of initial parental leave exclusively for the father, the father is entitled to 28 days of leave, followed or alternated, of at least 7 days, after the birth of the baby. The first 7 days must be taken immediately after the birth. The other 21 days must be taken within 6 weeks (42 days) of the birth.

The father also has the right to take 7 optional working days, either consecutive or alternating, at the same time as the mother.

Shared parental leave

If the parents want to share the initial parental leave and each takes exclusively (not at the same time) a period of 30 days in a row or two separate periods of 15 days in a row, after the mother's compulsory 6 weeks, an extra 30 days is added to the 120 or 150 days of the initial period.
The extra 30 days can be taken exclusively by one parent, or both parents can take 15 days at the same time, and then another 15 days for just the mother or father.

If the parents choose the initial parental leave of more than 120 days, i.e. if they decide to take the full 150 or 180 days, they can, after the first 120 days, accumulate the remaining days of leave with part-time work.The extra 30 days is always the last period of leave, whether it is taken by just one of the parents or shared by both.

In the case of shared leave, the father and mother must submit a joint declaration to their respective employers, no later than seven days after the birth, indicating the start and end of the periods to be taken by each. In the absence of a joint declaration, the leave is taken by the mother. If the leave is not shared, the parent taking the leave must inform their employer, no later than seven days after the birth, of the duration of the leave and the start of the respective period.

Parental leave for a parent if the other parent is unavailable

The father or mother is entitled to take leave, with the duration provided for by law or the period still remaining, in cases of: 

  • physical or mental incapacity of the parent taking the leave
  • death of the parent taking the leave.

See more information about the initial parental allowance of a parent in case of impossibility of the other.

Assistance services

For more information or if you need help, please contact Autoridade para as Condições de Trabalho (ACT):