Working Mothers in Portugal

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 17.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? No
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? More than one hour
What is the length of breastfeeding breaks? No provision
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 90 days
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

The maternity leave in Portugal is part of initial parental leave and is 120 or 150 days, depending on the payment level. Mother may take up 30 days' parental leave before birth. Six weeks' post natal leave is obligatory for new mothers. In the case of multiple births, initial parental leave is extended by 30 days for each additional child.

Source: §39-42 of Labour Code 2009

Initial Parental leave may be taken in the following ways: either parent (mother or father after the mother’s obligatory six weeks leave) may take all 120 days at 100 per cent of earnings or all 150 days at 80 per cent of earnings; parents may divide between themselves 150 days at 100 per cent of earnings on condition the father takes at least 30 consecutive days or two periods of 15 consecutive days of leave alone, without the mother, or vice versa); parents may divide between themselves 180 days at 83 per cent of earnings on condition the father takes at least 30 consecutive days or two periods of 15 consecutive days of leave alone, without the mother, or vice versa).

In cases of poor health or health risks for the mother and child, the pregnant mother is entitled to receive maternity benefits (at the rate of 100% of her pay) before birth for as long as the period of risk lasts.

All employees with a record of six months of insurance contributions are eligible for this benefit. The benefit is funded by the Social Security system and is financed by the social security system for employers and employees.

Source: §11-14 & 29-38 of Decree Law No. 91/2009 of April 09, 2009 on Social Protection for Parents

More about parental leave:

The father and the mother have the right to a complementary parental leave to care for their child, under six years of age, in any of the following schemes: extended parental leave of three months (individual right of each parent); Part-time work for 12 months, with a working period of half the complete working period; intermittent periods of extended parental leave and part-time work, with the total absence and working time reduction equivalent to the normal working periods of three months; and intermittent absences with the duration equivalent to the normal working period of three months, as long as it is provided in a collective bargaining agreement. During this extended 3 month leave, workers are entitled to only 25% of their gross pay.

Source: §40 of the Labour Code 2009