Breastfeeding and pregnancy loss rights in Portugal

Back at work with a baby you are still breastfeeding? You have the right to leave earlier or start later to do it, without losing pay, and with no age limit while you breastfeed (Art. 47 of the Labour Code).

This guide explains breastfeeding time off, bottle-feeding time off, and what the law gives in case of pregnancy loss (gestational bereavement and interruption of pregnancy leave).

Breastfeeding time off (Art. 47)

A mother who breastfeeds is entitled to time off for as long as breastfeeding lasts (Art. 47, paragraph 1). The key points:

• How much per day: two separate periods, of up to 1 hour each. Another schedule can be agreed with the company.
• Twins: you add 30 more minutes for each baby beyond the first.
• Part time: the time off is reduced in proportion to the schedule, but never below 30 minutes.
• It is working time: it counts as effective work and does not cause the loss of any right. In other words, it is paid.

[Common interpretation:] while you breastfeed, there is no maximum age for the child. After the first year, the company can ask for a medical certificate confirming that breastfeeding continues. That is the way to prove the right, not a way to cut it.

What if you do not breastfeed? Bottle-feeding time off

Not everyone breastfeeds. If the baby takes a bottle (bottle-feeding), the right still exists, but with two differences (Art. 47, paragraph 2):

• It runs only until the child turns 1.
• It can be used by the father, the mother, or both, by joint decision, as long as both work.

The daily time is the same: two periods of up to 1 hour.

Gestational bereavement: up to 3 days (Art. 38-A)

Losing a pregnancy is also protected by law. It was Law 13/2023 that created the gestational bereavement absence.

• The worker can be absent for up to 3 consecutive days for gestational bereavement, in cases where there is no entitlement to interruption of pregnancy leave (see the next section).
• The father is entitled to 3 days, consecutive, when there is interruption of pregnancy leave or this gestational bereavement absence.
• How to prove it: with a declaration from the hospital, the health centre, or a medical certificate, handed in as soon as possible.
• A company that refuses commits a serious administrative offence.

Interruption of pregnancy: leave of 14 to 30 days (Art. 38)

In a situation of interruption of pregnancy, the law gives more than a 3-day absence: it gives a leave of 14 to 30 days (Art. 38).

• The doctor states the number of days, between 14 and 30.
• You are entitled to a benefit for interruption of pregnancy, paid by Social Security, during the leave.
• Refusing this leave is a very serious administrative offence.

[Common interpretation:] in practice, the 14 to 30 day leave (Art. 38) covers the interruption of pregnancy situations recognised by the doctor. The 3-day gestational bereavement absence (Art. 38-A) is the safety net for when there is no entitlement to that leave. The medical declaration is what frames the situation.

The reform tried to change this (and was rejected)

[Proposal, now void:] the Trabalho XXI labour reform put on the table some changes to the leave and time off linked to parenthood, including breastfeeding time off and gestational bereavement.

But the bill was rejected at first reading in the Assembly of the Republic on 19 June 2026. Chega and the left-wing parties voted against. Only PSD, Iniciativa Liberal and CDS voted in favour.

The practical result: nothing changed. Breastfeeding time off still has no age limit. Gestational bereavement still gives up to 3 days. What counts is what the Labour Code says today. If anything changes in the future, this guide is updated.

What the company cannot do

• It cannot refuse breastfeeding time off. It is a right of the nursing worker.
• It cannot cut your salary because of the time off. It counts as effective work.
• It cannot penalise you in your appraisal, your holiday or your progression for using the right.
• It cannot demand abusive proof. After the first year, it can ask for a medical certificate of breastfeeding, but it cannot invent requirements.

If there is a conflict, CITE (the equality at work commission) can issue an opinion. And you can file a complaint with ACT.

Useful links

• Parental leave: the full guide the days, the sharing between parents and the benefit.
• Time off to care for a sick child when your child is ill and you need to be absent.
• Continuous working day for parents and grandparents another way to balance work and family.
• How to file a complaint with ACT if the company does not respect your rights.

This guide is for information purposes and does not replace individual legal advice.