Foreseeable absence in Portugal: how to notify your employer (Art. 250)

What counts as a foreseeable absence

Foreseeable means anything you know about ahead of time. That is why the law requires 5 days notice — so the company can plan.

Typical examples:

• Marriage (15 consecutive days, Art. 249 n.º 2 a)
• Court hearing or judicial proceeding (as party or witness)
• Polling station duty or other electoral roles (Art. 249 n.º 2 f)
• Scheduled surgery or exam booked weeks in advance
• Scheduled medical appointment (own or child under 12, Art. 249 n.º 2 e)
• Training (Art. 132 — right to 40h per year)
• School exams (working-student status, Art. 91)
• School meeting for your child (Art. 249 n.º 2 e)
• Blood donation (Art. 249 n.º 2 c)
• Volunteer firefighter on mission or training (Art. 249 n.º 2 d)

How to notify — deadline, form and content

Deadline: 5 days notice (Art. 250 n.º 1)

Five consecutive days before the day of the absence. Not working days — calendar days.

Count like this:

• Absence on the 20th → notify by the 15th (included)
• Absence on the 1st of the next month → notify by the 27th (in a 30-day month)

If the deadline falls on a weekend or public holiday, good practice says send earlier — do not wait until Friday night to email a closed company.

Exception: fact known within the 5 days (Art. 250 n.º 2)

If the thing only became known now, you notify as soon as possible. The absence stays foreseeable, it does not switch to unforeseeable.

Examples:

• You were called for polling station duty today, election on Sunday → notify today
• Hearing scheduled at short notice by the court → notify on the day of the summons
• Urgent medical appointment booked by a doctor during a regular consultation → notify as you leave

Form: in writing whenever possible

The law does not require written form. But that is what protects you. Recommended pattern:

• Email to direct manager with HR in copy (more formal, leaves a dated trail)
• WhatsApp or SMS to manager (works, as long as you keep a screenshot with date and time)
• Internal platform (Workday, SAP, in-house app) — if the company has one, it is the preferred channel
• Phone call followed by a message (a call alone leaves no record)

[Common interpretation:] internal rules can require a specific form (form, platform) — as long as it is not more demanding than the law. You have to comply, but you always retain the right to use email if the platform fails.

Content: reason, day(s), duration

The notice must state:

1. Justifying reason (Art. 250 n.º 1): "medical appointment", "court hearing", "marriage", "polling station"
2. Day(s) of the absence: exact date or range
3. Expected duration: full day, half day, specific hours

Short template:

Subject: Foreseeable absence notice — [date]

Dear [manager],

I hereby notify, pursuant to Art. 250 n.º 1 of the Labour Code, that I will be absent on [DD/MM/YYYY], full day / from X to Y hours, due to [marriage / medical appointment / court hearing / training].

Attached is the [summons / certificate / statement]. If you need further proof, I will send it as soon as possible.

Best regards, [Name]

Who should receive the notice

Pattern:

• Direct manager — the person who organises the day's work
• HR or person in charge — if the company has a department, send a copy
• Other contact set in the internal rules — some sectors have a roster manager or planner

If the company requires notification on the internal platform, do it there and duplicate by email — you secure proof even if the platform loses the record.

Proof: what document to deliver (Art. 252)

The employer can request reasonable proof. Have the proof ready to deliver with the notice or shortly after.

[Common interpretation:] proof must be proportionate. For a routine appointment, a simple clinic statement is enough. For surgery, hospital summons plus later certificate. The employer cannot demand a medical diagnosis, ICD code or clinical detail — that breaches the right to privacy (Art. 16 CT) and GDPR.

When you lose pay (Art. 253)

The rule: justified absences keep full pay (Art. 253 n.º 1). Exceptions (Art. 253 n.º 2):

The 5 most common mistakes

1. Notifying at the last minute "because the manager already knew". Informal mention does not replace formal notice. Even if your manager has known for weeks that you are getting married, you must send the written notice with 5 days and attach proof when requested.

2. Not attaching proof or being late delivering it. Without reasonable proof in reasonable time, the employer can mark it unjustified — even with verbal approval. Pattern: deliver with the notice or within 5 working days.

3. Saying only "I will be absent on the 15th" without a reason. Art. 250 n.º 1 requires the reason. Without it, the absence cannot be classified — it stays in limbo until you clarify. Pattern: 1 sentence, no clinical detail.

4. Notifying only the direct manager when the manager is on holiday. If your manager is not in, the notice does not land. Always copy HR or the substitute. If the company has an internal platform, use it — the record stays in the system regardless of who is on the ground.

5. Thinking the employer can postpone a mandatory absence. Court, polling station and mandatory training do not depend on the company. You notify and you go. The employer cannot schedule work for the same day nor condition your attendance. If they try, you file a complaint with ACT.

Next steps by situation

• Scheduled surgery or exam → hospital summons → email to manager + HR with 5 days minimum → certificate and CIT later.
• Marriage → send notice with 5 days + copy of certificate or Civil Registry booking. 15 consecutive days paid at 100%.
• Court → summons arrives late? Falls under the exception in Art. 250 n.º 2. Notify as soon as possible. Pay continues.
• Polling station duty → municipal summons → email to manager + HR. 1 rest day on the day after (Electoral Law).
• Scheduled medical appointment → clinic statement with date and time → send to manager with 5 days.
• Employer refuses or deducts wrongly → send a written interpelation and file a complaint with ACT. If there is retaliation, it opens the path to constructive dismissal.