Bereavement leave in Portugal: do weekends count? ACT vs STJ

Does bereavement leave in Portugal count weekends and public holidays? The law only says "consecutive days" and there are two official readings. The ACT (the labour inspectorate) says rest days and public holidays in between do not count. The Supreme Court of Justice says they do. Here are both counts and what to do so you neither lose days nor risk an unjustified absence.

The two counts, side by side

Marta's father dies on the morning of Friday 27 November 2026. Marta works Monday to Friday. She is entitled to 5 days (Art. 251(1)(b)). Tuesday 1 December is a mandatory public holiday (Art. 234(1)).

The difference is 3 working days. With the 2 days for grandparents, grandchildren, siblings or siblings-in-law, the difference can be total. A death on a Saturday gives zero working days under the Supreme Court count and two under the ACT count.

What the ACT says

The ACT published Technical Note no. 7 on bereavement absences. Its conclusion is clear: rest days and public holidays in between "cannot be counted". The reason is in Art. 248(1): an absence means being away during the normal daily working period. On a Saturday off you are not absent from anything.

The note also says counting starts on the day of the death. If the death happens after you have worked your hours that day, it starts on the following day.

The version of the note on the ACT portal (checked on 6 October 2026) predates the 2025 Supreme Court ruling. It already knew the 2023 ruling and kept its position.

What the Supreme Court of Justice says

In 2025, in a case brought by the STEC union against Caixa Geral de Depósitos, the Supreme Court ruled on Art. 251 itself: "consecutive days" are "consecutive calendar days, regardless of whether they are business days, working days or rest days". It rejected the reading based on Art. 248.

In 2023, the Supreme Court had already ruled the same way on a clause of a metalworking collective agreement (AIMMAP/SINDEL). The 2025 ruling says that decision standardised case law on that clause. The ACT takes the view that it does not extend to other agreements.

[Common interpretation:] the 2025 ruling is an exceptional appeal (revista excecional), not a ruling that standardises case law. It does not bind other courts, but it is the latest position of the highest court. If your case reaches court, expect it to be followed.

What to do in practice

1. Notify as soon as possible (Art. 253(2)). Without notice, the absence is unjustified (no. 5).
2. Ask in writing how the employer counts the days. An email is enough: "My father passed away on 27/11. Can you confirm I return on [date]?"
3. Read the collective agreement for your sector. Check its absences clause and whether a court has already ruled on it.
4. If you need the extra days, ask for them to be booked as holidays or as an authorised absence. An authorised absence is justified, but unpaid (Art. 255(2)(e)).
5. Keep the proof (death certificate). The employer can ask for it within the 15 days after you notify (Art. 254(1)).

[Depends on the case:] if your employer uses the ACT count, good for you. If it uses the Supreme Court count and you stay home for the ACT days, you risk unjustified absences. Do not decide alone: agree it first.

What if it happens during your holidays?

Holidays are suspended when you are prevented by a reason not attributable to you, as long as you notify the employer (Art. 244(1)). The ACT includes the death of a family member. The holiday days left over are booked later, by agreement or by the employer (Art. 244(2)).

To see how many days you get for each relative, see the full bereavement leave table. If your employer does not pay, see how to file a complaint with the ACT.

This guide explains the law in plain language and does not replace legal advice for complex or disputed cases. Official sources below.