It can happen to anyone. Whether for an absolutely unavoidable emergency or for a less «orthodox» reason, missing a day of work is a universal experience. According to recent European employment data, absenteeism in Portugal regularly corresponds to around 11.8% of the actively employed population.
Life is unpredictable, and sometimes personal variables collide with the strict obligation of punctuality that an employment contract demands. Fortunately, the right to be absent from work is strictly regulated and protected by the Portuguese Labor Code (Código do Trabalho). However, stepping outside of these regulations turns an absence into an «unjustified» one, which can have severe legal and financial consequences.
In this comprehensive guide by the Folime HR team, we explain the main rights and duties of workers regarding absences from work by answering six critical questions.
1. What Exactly is a «Justified» Absence?
Under Portuguese law, there are specific life events that legitimize your absence from work. Under these exact conditions, missing work will not negatively impact your employment rights or, in most cases, your usual salary.
By law, justified absences are those granted for the following reasons:
- Marriage: You are entitled to up to 15 consecutive days of leave.
- Bereavement (Death of a family member): In the tragic event of the death of a child or spouse, the law grants up to 20 consecutive days. If the death is of a parent or parent-in-law, this is reduced to 5 days.
- Providing Urgent Care: For a sick child or an immediate family member.
- Personal Illness or Injury: Supported by a medical certificate.
- Education: Taking university exams or attending school meetings if you are responsible for the education of a minor.
- Medical Appointments: Attending doctor visits, including prenatal consultations.
2. What Constitutes an «Unjustified» Absence?
Any time a worker is absent during their normal working hours without providing a legally valid justification (or official proof), it is classified as an unjustified absence (falta injustificada).
Beware of Lateness: The law heavily enforces punctuality. If an employee arrives more than one hour late without a valid excuse, the employer legally has the right to refuse their labor for the rest of the day and assign them a full day of unjustified absence. Following the same logic, if the delay is more than half an hour, the employer can dock half a day of absence. Furthermore, all unexcused minutes are cumulative. Every minute counts!
3. What Are the Consequences of an Unjustified Absence?
An unjustified absence is a serious breach of contract. Beyond harming your professional reputation and performance evaluations, the immediate legal consequences hit your wallet.
The Salary Penalty: The most immediate consequence is a direct salary reduction proportional to the period you missed. However, there is a strict penalty for «long weekend» absences. If you have an unexcused absence on a Friday or a Monday (days immediately attached to your rest days), the salary reduction is legally doubled. Missing work under these circumstances results in the loss of 2 days’ pay.
To mitigate this financial blow, the law allows you to:
- Give up vacation days: You can trade vacation days to cover the lost pay, but only up to a limit that ensures you still take a minimum of 20 days of actual vacation that year.
- Work overtime: If agreed upon by your employer, you can make up the lost hours.
The Ultimate Consequence (Dismissal):
Can you be fired simply for missing work? Yes. If, in a single calendar year, your unjustified absences exceed 5 consecutive days or 10 interspersed days, the employer has the legal right to terminate your contract for «Just Cause» (Despedimento por Justa Causa). If fired for just cause, you are completely ineligible for severance pay or state unemployment benefits.
4. What Are the Rules for Giving Notice?
Communication is your fundamental duty as an employee.
- Predictable Absences: In situations where you know you will be absent in advance (such as your wedding date, scheduled surgery, or paternity leave), the law requires you to notify your employer at least 5 days in advance.
- Unforeseen Emergencies: In cases like a sudden illness, a car accident, or the death of a relative, you must notify your employer as soon as it is physically possible.
In absolutely every case, your verbal justification must be backed up by an official document upon your return to the office (e.g., a medical certificate from the SNS, a death certificate, or a hospital presence declaration).
5. Which Justified Absences Are Unpaid?
This is a common source of confusion. While an absence may be «justified» (meaning you cannot be fired for it), it does not automatically mean your employer has to pay your salary for that day.
Under Portuguese law, the following justified absences result in a loss of wages from your employer:
- Absences due to prolonged personal illness (in this case, the Social Security system steps in to pay your «sick pay» or Baixa Médica, not your boss).
- Absences due to an accident at work (covered by Worker’s Compensation Insurance).
- Providing prolonged assistance to a sick family member.
- Any justified absences that exceed 30 days in a single calendar year.
6. Can I Miss Work to Go to a Job Interview?
This is a highly specific, but very important, legal right. If you have been fired, laid off, or your company has initiated a collective dismissal (Despedimento Coletivo), you are legally entitled to time off to secure your next job.
During your mandatory notice period (the weeks you must continue working before your contract officially ends), the Labor Code grants you the right to take up to two days off per week—fully paid and fully justified—specifically to attend job interviews and search for new employment.
Disclaimer: The information provided in this article by Folime is for educational and HR awareness purposes only. It is based on the general guidelines of the Portuguese Labor Code (Código do Trabalho) and does not constitute formal legal advice. Always consult with the ACT (Autoridade para as Condições do Trabalho) or an employment lawyer regarding specific workplace disputes.
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