The types of parental leave are:
- initial parental leave
- parental leave exclusively for the mother
- parental leave exclusively for the father
- parental leave for a parent if the other parent is unavailable
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.
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.
The initial parental leave (120 or 150 days) is increased by 30 days if each parent exclusively opts for a period of 30 consecutive days, or two periods of 15 consecutive days.
If parental leave is shared, the mother and father must provide the respective employers with a joint declaration, up to seven days after the birth, indicating the beginning and end of the periods to be taken by each of them. In the absence of a joint declaration, the leave will be taken by the mother. If it is not shared, the parent taking the leave must inform the respective employer, within seven days of the birth, of the duration of the leave and the beginning of the respective period.
In the case of multiple births, 30 days is added per twin after the first.
In the case of initial parental leave exclusively for the mother, up to 30 days’ leave can be taken prior to the birth, and six weeks’ leave must be taken following the birth.
In the case of initial parental leave exclusively for the father:
- the father must also take 15 working days’ parental leave, which may be consecutive or intermittent, during the 30 days following the birth of the child
- five of those days must be taken consecutively immediately after the birth
- the father is also entitled to a further ten working days’ leave, which may be consecutive or intermittent and must be taken at the same time as the mother’s initial parental leave
- the worker must give the respective employer as much notice as possible, with no less than five days in the event of taking the 10 optional days
- in the case of multiple births, leave is extended by two days per child after the first.
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.
For more information or if you need help, please contact Autoridade para as Condições de Trabalho (ACT):
- phone - 300 069 300, at working days from 9 am to 12.30pm
- Balcão Digital da ACT.