Justified absences in Portugal in 2026: full legal breakdown, sick leave costs and what employers must know

Not all absences are created equal

Article 248 of the Código do Trabalho (Labour Code) defines an absence as any period during which a worker is not at their workplace during their normal daily working hours. What separates a justified absence from an unjustified one is not simply the existence of a document - it is the nature of the reason, the timing of the communication, and adherence to specific legal obligations.

Portugal's absence framework is mandatory (imperativo). No employment contract or collective bargaining agreement can strip away the rights established by the Labour Code (Art. 250 CT). An employer cannot simply refuse to accept a legally grounded justification - but equally, the employer has the right to request supporting evidence within 15 days of notification.

The practical distinction that matters: a justified absence preserves all worker rights, including seniority and holiday entitlement. An unjustified absence results in immediate salary deduction - and in extreme cases, grounds for dismissal.

Every justified absence under Portuguese law: the full reference table

Article 249 of the Labour Code, in its current version, lists the grounds that confer justified absence status. The table below covers the full current scope:

This list is not closed: sub-paragraph (l) of Article 249 CT provides that any absence classified as justified by another legal instrument also falls within this framework.

What actually gets deducted - and what does not

There is a persistent misconception among workers: assuming that "justified absence" automatically means "paid absence". It does not.

Justified absences WITHOUT pay deduction: Marriage, bereavement leave (within legal limits), exam attendance, school meetings, endometriosis (Art. 252-B CT), accompanying a pregnant woman to another island, elected public office and trade union representation. In these cases, the worker receives full pay - including meal allowance, unless a collective agreement specifies otherwise.

Justified absences WITH pay deduction (potentially offset by a Social Security subsidy): Illness, accident, childcare and family care. Here, the employer is not required to pay the salary, but the worker may be entitled to a Social Security subsidy - subject to its own eligibility rules and rates.

Under Article 257 CT, there is also a negotiation window: by mutual agreement, absences with deduction can be offset by annual leave days or future supplementary work. Neither party is obliged to accept - but it is always worth raising.

Sick leave: what does it actually cost the worker?

This is the question most workers ask - and where the answer most often surprises. A concrete example makes it clear.

Simulation - Ricardo, accountant, gross monthly salary of €1,400:

Ricardo falls ill and goes on sick leave for 20 days. What happens to his income?

• Days 1 to 3 (waiting period): Social Security pays nothing. The employer is also not legally required to pay. Loss: 3 × (€1,400 ÷ 30) = €140

• Days 4 to 20 (17 days): Social Security pays 55% of the daily reference remuneration. Estimate: 55% × (€1,400 × 14 ÷ 365) × 17 ≈ €313 received versus the €793 that would otherwise have been earned.

• Total shortfall over 20 days of sick leave: Ricardo receives approximately €313 instead of €933. Net income gap: −€620.

Social Security sick leave subsidy rates:

The reference remuneration is calculated on the basis of salary declared to Social Security over the previous 6 months - not the current month's pay. This can create discrepancies after a recent promotion or pay rise.

A note for employers: certain collective agreements (IRCT) require the company to top up the SS subsidy to 100% of the worker's salary. Verifying the applicable agreement before processing sick leave is not optional - it is a compliance obligation.

What is in force in 2026 - and what most teams still get wrong

Law 32/2025, published on 27 March 2025, introduced the most significant change to the justified absence framework in several years. In force since April 2025, it is now consolidated law - yet remains poorly known in practice, both among workers and HR managers in small and mid-sized firms. What this law introduced:

A worker suffering from endometriosis or adenomyosis has the right to up to 3 consecutive days of justified absence per month, without loss of any right, including pay.

What sets this regime apart from others: - the medical prescription attesting the condition does not need to be renewed every month.

• The absence is treated, for all other purposes, as an absence due to illness (Art. 249(2)(d) CT), preserving seniority and holiday entitlement.

• The employer may request the medical prescription within 15 days of the first notification - but cannot require monthly renewal of the document.

Endometriosis is estimated to affect between 2% and 17% of the female population. A 2023 study found that more than 40% of women with the condition in Portugal wait over ten years for a diagnosis, partly due to symptom dismissal. This law does not solve that problem - but it removes the employment penalty associated with it.

Also worth noting: the non-principal informal carer status (Lei n.º 100/2019) grants up to 15 additional days of justified absence per year to care for a recognised care recipient who falls ill or has an accident - on top of the 15 general family assistance days.

From the employer's side: obligations that are frequently overlooked

Absence management has its own rules - and when they are not followed, the company is exposed to labour disputes.

Communication and proof:

• Foreseeable absences: communicated by the worker with at least 5 days' advance notice, stating the reason (Art. 253 CT).

• Unforeseeable absences (sudden illness, accident): communicated as soon as possible.

• Failure to comply with these deadlines turns a justified absence into an unjustified one - with all the corresponding consequences.

The employer may request evidence within 15 days of notification. For illness, valid proof includes a medical certificate or a declaration from the SNS digital platform. The worker's self-declaration via SNS digital services is only available for absences of up to 3 consecutive days and a maximum of twice per year (Art. 254 CT).

A frequent error in smaller companies: recording an absence as unjustified without first checking whether the worker communicated and provided evidence within the legal deadlines. Any subsequent dispute starts with exactly that verification - and the ACT (Authority for Working Conditions) inspects precisely this procedure.

Unjustified absences: when does dismissal become a real risk?

An unjustified absence is not merely a salary deduction. It can be the start of a formal disciplinary process.

Article 351 of the Labour Code provides for dismissal with just cause when unjustified absences, within the same calendar year, reach:

• 5 consecutive days, or

• 10 non-consecutive days

- regardless of whether they cause measurable harm to the business. If they do cause harm, the threshold may be lower.

A point worth emphasising: "calendar year" means January to December, not the worker's contract year. A worker who accumulates 9 non-consecutive days by October and adds two more in November has reached the threshold - regardless of when their contract started.

Dismissal on this basis always requires a formal disciplinary procedure. There is no immediate dismissal without a prior hearing. Omitting that procedure makes the dismissal unlawful - even if the absences are real and documented.

Frequently asked questions

Can absences be swapped for annual leave days? 

Yes, but only by mutual agreement (Art. 257 CT). The employer cannot impose this; the worker cannot demand it unilaterally.

Does a school strike justify my absence? 

No. A school strike is not listed in Article 249 CT as a justified reason for absence. You can request the employer's authorisation - but they are not obliged to grant it.

Is a doctor's appointment a justified absence? 

Yes. Medical appointments fall under Art. 249(2)(d) CT - inability to work due to a reason not attributable to the worker, including illness. The worker must present a certificate of attendance issued by the healthcare provider.

Can the employer refuse to accept a medical certificate? 

No. The employer cannot refuse to accept it. However, they can require that the certificate is issued by a hospital or health centre if the SNS self-declaration has already been used more than twice in the year, or covers a period of more than 3 days.

What if the worker fails to communicate the absence on time? 

The absence becomes unjustified (Art. 253(5) CT), even if the underlying reason was legitimate. The timing and form of communication are legally decisive.

Do justified absences affect holiday entitlement? 

Generally, no. Justified absences do not reduce holiday rights - except illness absences exceeding certain thresholds under specific regimes. Unjustified absences, by contrast, do reduce holiday entitlement proportionally.

Resources

• Consolidated Labour Code (Diário da República): diariodarepublica.pt

• ACT - Authority for Working Conditions (rights and obligations): portal.act.gov.pt

• Social Security - sickness benefit: seg-social.pt

Sources:

• Código do Trabalho (Lei n.º 7/2009, of 12 February, in its current version)

• Lei n.º 32/2025, of 27 March - justified absences for endometriosis/adenomyosis

• Ordem dos Contabilistas Certificados, Guia Prático - Regime das Faltas, August 2025

• Social Security - sickness benefit rates (2025)

• CGTP-IN, Rights Guide: Absences (2025)