Bereavement leave Portugal: days off by relationship (2026 table)

The quick table: how many days for each relative

The rule sits in Art. 251 n.º 1 letter b) of the Portuguese Labour Code, in the wording given by Law 1/2022 of 3 January. You are entitled to paid leave for the death of a family member in these amounts:

How to count the days

Bereavement days are consecutive days, not working days. They run from the date of death or the date you became aware of it. They include Saturdays, Sundays and public holidays.

Example: your father dies on 14 May (Thursday). You are entitled to 5 consecutive days.

If the death happens at night or you only learn about it the next morning, day 1 is the day you became aware.

What "direct line", "collateral line" and "affinity" mean

This vocabulary appears in the law and is sometimes confusing. In plain terms:

• Direct line: people descending from one another. Parents, children, grandparents, grandchildren, great-grandparents, great-grandchildren. It is a vertical line on the family tree.
• Collateral line: people sharing a common ancestor but not descending from one another. Siblings, uncles, cousins, nephews. The distance is counted in degrees: sibling = 2nd-degree collateral, uncle/nephew = 3rd degree, cousin = 4th degree.
• Affinity: relatives by marriage. Your parents-in-law are your 1st-degree affines in the direct line. Your brothers-in-law are your 2nd-degree collateral affines.

The law covers up to the 2nd degree of the collateral line (siblings, brothers/sisters-in-law, grandparents, grandchildren). Uncles, aunts and cousins are not covered.

Notifying the employer: how and when

Art. 251 n.º 2 says the absence must be communicated "as soon as possible". There is no concrete deadline, but the practical rule is:

1. On the day of the death or the morning after.
2. By any means: call, SMS, WhatsApp, email. It does not need to be a letter.
3. State: reason (death of a family member), relationship, expected return date.
4. Keep proof of notification: screenshot of the SMS, sent email. Useful in case of dispute later.

Failing to notify the employer, even with a valid reason, can turn the absence into unjustified (loss of salary and disciplinary risk). It is not worth the risk when a 30-second message solves it.

What proof to provide

Art. 252 allows the employer to request reasonable proof. Acceptable documents:

• Death certificate from the Civil Registry.
• Funeral home declaration with date and name of the deceased.
• Hospital confirmation stating the death.
• Document proving the kinship: civil registry record, citizen card, civil union deed, or a parish council certificate (atestado de junta de freguesia) for civil union or shared household.

Proof can be delivered when you return to work, not before taking the leave. If the employer asks for proof and you do not provide it within a reasonable time, the absence becomes unjustified.

Salary, meal allowance and holidays

Note on meal allowance: the general rule is that the meal allowance is paid only on days of actual work, but some collective agreements (CCT) and internal rules keep the payment for justified absences. Check the collective agreement in your sector and the company's internal rules.

Special cases worth knowing

Stillborn baby after 24 weeks of pregnancy. Law 1/2022 extended the regime to fetal death from 24 weeks onwards: the mother and the father are entitled to 20 consecutive days. This change was important because these cases previously had no specific legal coverage.

Adopted children and stepchildren. They are treated as biological children for bereavement purposes: 20 days.

Unregistered civil union (uniao de facto). It is enough to prove 2 years of cohabitation. You can prove it with a parish council certificate (Art. 2-A of Law 7/2001) or any other adequate means (shared receipts, witness declarations). No deed required.

Shared household (economia comum). Includes situations such as friends or relatives living together for more than 2 years sharing meals and home, without a civil union. It is set out in Law 6/2001 and gives the same 5 days.

Fixed-term, part-time or remote workers. The same days and rights apply. The law does not differentiate by type of contract.

More favourable collective agreements. Some CCT (banking, civil service, teachers) grant more days than the legal minimum. Always check your CCT: if it is more favourable, it prevails (Art. 3 n.º 4 CT).

If the employer refuses to pay or deducts days

Three practical paths:

1. Internal challenge in writing. Email HR or your manager referring to Art. 251 + 253 CT, the absence dates and the proof provided. Ask for correction in the next payslip.
2. Complaint to the ACT. If the company does not correct it, you can file a complaint with the Autoridade para as Condicoes do Trabalho. Online at act.gov.pt or in person. The complaint can be anonymous, confidential or identified.
3. Labour court. To recover unpaid salary, you can go to the labour court. Limitation period: 1 year after termination of the contract (Art. 337 CT). Before termination, no limitation runs.

How it all connects

If you are reading this now, it is probably for one of these reasons:

• A family member just died and you want to know how many days you can take. Look at the table above, send your employer a message today, and focus on what matters. Proof can wait.
• Your employer wants to deduct days or pay less. Note the dates, keep all communication and proof, and consider filing a complaint with the ACT.
• You need more time than the law gives. Consider sick leave (with a medical declaration), unpaid leave (Art. 317 CT), or negotiating early holidays with the employer.