Child assistance leave in Portugal: your right (Art. 49 CT)

The base rule, in one sentence

You have the right to miss work to care for a sick child. The employer cannot say no, as long as you give notice and provide proof. But the salary for those days does not come from the employer — it comes from Social Security, on your request, and amounts to 65% of what you earn.

The complete Art. 49 table

The +1 day rule per extra child does not stack aggressively. If you have 3 children under 12, you get 30 + 1 + 1 = 32 days for the year in total. With 2 children, 31 days. The first child "is worth" 30 days, each additional sibling "is worth" 1 extra day.

Child with disability or chronic illness: what changes is the age, not the days

Art. 49 n.º 1 says "regardless of age". With a child with a certified disability or chronic illness, the 30 days per year (and unlimited hospitalisation time) apply even if the child is 15, 20 or 30. But it is still 30 days per year — not unlimited. The law says: a child under 12 or, regardless of age, a child with a disability or chronic illness, up to 30 days per year or for the whole period of any hospitalisation.

For months of care in a row, the law has a separate instrument: the leave to assist a child with a disability, chronic illness or oncological disease (Art. 53), up to 6 months, extendable up to 4 years. It is a leave, not an absence: you request it from the employer in writing and in advance, and it has its own Social Security subsidy (65% of the reference remuneration). If you need more than 30 days in a year, this is the route.

[Common interpretation:] with the multipurpose disability certificate and the medical declaration from the institution following the child, a leave request is hard to refuse. Without documents, the employer treats the absences as Art. 49 absences, with the 30-day cap.

Hospitalisation: unlimited, with proof

Art. 49 n.º 1, in its final part, says that if the child is hospitalised, you miss work for the entire period of hospitalisation. No 30-day cap. No 15-day cap. As long as the child is in the hospital.

The proof is the hospital declaration with admission and expected discharge dates. As soon as you have it, send it to Social Security with the subsidy request and copy to your employer. Then, after discharge, send the discharge declaration to close the case.

Parents alternate: the rule that prevents abuse

Art. 49 n.º 4 is clear: the right cannot be exercised cumulatively by both parents. Translation: if the mother is home with the sick child, the father cannot also be home claiming a justified absence under this article, and vice versa.

Applies to couples living together, separated couples, co-parenting. Each day, one stays. Next day, you can swap — but you must agree and have proof you alternated.

[Common interpretation:] the employer can ask for a declaration from the other parent confirming they were not home in assistance that day. If the employer finds out both were absent at once, they can treat one of the absences as unjustified. Worth keeping emails/messages saying "tomorrow you stay, then I stay".

The exception: serious situations where both must be present — critical hospitalisation, major surgery. In those cases, justify with the hospital declaration and it is up to the employer to accept or contest.

How to notify the employer: the detail many people miss

Even with a perfectly valid reason, if you don't notify, the absence can become unjustified. The rules mirror other justified absences (Art. 253).

Foreseeable absence (Art. 253 n.º 1)

Scheduled surgery. Doctor's appointment with a date. Planned hospitalisation.

Notice: 5 days in advance, in writing (email, internal platform). Identify:

• That you will miss work under Art. 49 (child assistance)
• The expected days
• That you will provide proof as soon as you have it

Unforeseeable absence

Child woke up sick. Accident. Hospital emergency.

Notice: as soon as possible, by any means. WhatsApp to your manager early in the morning, with a short message:

"Good morning. My child is ill, I'll have to miss work today under Art. 49 to take them to the doctor. I'll send the medical certificate at the end of the day."

Later, with the certificate in hand, send an email to confirm and attach the photo/PDF.

The proof: what counts, what doesn't

Art. 254 lets the employer ask for proof. For Art. 49, reasonable proof is:

The employer cannot demand the disease name in detail (clinical privacy). The certificate just needs to say "requires parental assistance for X days due to health reasons". The child's name and the days are enough. If the employer pushes for more detail, that is abuse — fixable through ACT or CNPD (the data protection authority).

The child assistance subsidy: how the money works

Days missed under Art. 49 are not paid by the employer (Art. 255 n.º 2). Social Security pays through the child assistance subsidy (DL 91/2009).

How much you receive

65% of the reference remuneration per day.

The reference remuneration uses the 6 oldest of the last 8 months (the two months before the month of the absence do not count): add up what was declared to Social Security in those 6 months and divide by 180.

Simple example: you earn €1,200 net per month. Daily reference is around €40. The subsidy per day is 65% × €40 = €26 net. For 4 days of absence, you receive about €104.

What you need to receive it

• Qualifying period: 6 calendar months of contributions in the last 12 months.
• Request: through Segurança Social Directa (online) or at a branch, with a specific form (Form RP-5042 or similar).
• Deadline to file: 6 months from the event giving rise to the subsidy.
• Documents: child's medical certificate, employer declaration confirming the absence, IBAN proof.

How long it takes

Typically 30 to 60 days after the complete request. If the request has errors, Social Security returns it and the timeline extends.

[Common interpretation:] if your collective agreement or contract say the employer tops up the subsidy (some sectors do this), you receive both. Otherwise, only the subsidy.

Difference between assistance leave and parental leave

Different things. Don't mix.

Absence = short-term, day by day, with notice. Leave = long, planned periods, with formal request and specific rules.

For a one-off issue (flu, ear infection, exam), it's Art. 49. For long care periods (6 months, 1 year), it's the leaves under Art. 40 onwards.

Grandparents and extended family: what Art. 50 says

Art. 50 covers grandparents: they have the right to 30 consecutive days of justified absence after a grandchild is born and lives with them, if the parent of the grandchild is a minor or a student. It is a narrow regime aimed at supporting teenage or student mothers, and few grandparents can use it.

For other cases (a grandmother caring for a sick grandchild while the parents work), there is no specific right under Art. 49 — the right belongs to the father or mother. Grandparents can only request leave under other categories (assistance to a serious family illness, Art. 252) or by using holiday days.

The 5 most common mistakes

1. Thinking the employer pays. They don't. Social Security does, and only if you applied and met the qualifying period. File the subsidy in the same month — don't pile up requests.
2. Not coordinating with the other parent. If both miss the same day, the employer can challenge one of the absences. Coordinate by message (which serves as proof) and alternate.
3. Confusing assistance absence with parental leave. Art. 49 absence is day-by-day, with proof. Leave is a continuous planned period. Don't use one when the other applies.
4. Failing to get a certificate identifying the child. If the certificate just says "must stay home" without identifying the child as the patient and the worker as the carer, the employer can reject the proof. Ask the doctor to write explicitly "needs parental assistance for X days".
5. Forgetting the 6-month deadline to claim the subsidy. Social Security only accepts requests up to 6 months after the event. Missed work in January? File by July. After that, you lose the subsidy (but the absence stays justified).

How it all connects: practical paths

Each situation has its own path. Here are the most common ones.

Child woke up sick today (1-3 days):

1. Notify your manager first thing in the morning (WhatsApp or phone).
2. Go to the doctor, get a certificate identifying the child and the days.
3. Send an email to the employer with a copy of the certificate.
4. End of month, file the subsidy on Segurança Social Directa.

Scheduled surgery or exam for the child:

1. Email the employer 5 days in advance, indicating days and reason (Art. 49).
2. Attach the appointment letter or booking proof.
3. On the day, attend. Then send the post-procedure certificate.
4. File the subsidy on Social Security.

Child hospitalised:

1. Once you know about the hospitalisation, notify the employer in writing.
2. Get a hospital declaration with admission date (and expected discharge).
3. Send to the employer and request the subsidy from Social Security — at admission and at discharge.
4. Remember: hospitalisation time does not count against the 30-day cap.

Child with chronic illness or disability:

1. Get the multipurpose disability certificate.
2. Get a medical declaration of follow-up (renewable).
3. For one-off absences, it is the same 30 days per year under Art. 49, with no age limit.
4. For a long period, request the Art. 53 leave in writing (up to 6 months, extendable up to 4 years) and the matching subsidy from Social Security.

If your employer denies the absence, threatens dismissal, or deducts more than the days at stake, you can report to ACT — free, online, with the option of remaining anonymous. The guide how to file an ACT complaint explains the steps. And if denials are systematic, constructive dismissal is a way out with severance and unemployment benefit rights.