Justified absences in Portugal: when can the employer deduct your salary? (Art. 253)

The general rule: justified absences are paid

Art. 253 n.º 1 of the Labour Code states, word for word: "Justified absences do not cause loss or harm to any rights of the worker, except as provided in the following number."

Plain reading: if the absence is justified (wedding, bereavement, court hearing, blood donation, election polling day, and so on), the employer pays the day as if you had worked. No deductions, no holidays burned, no reduced benefits.

The 7 exceptions where you lose employer pay

Art. 253 n.º 2 lists the justified absences where the employer may stop paying. In almost all of them, a benefit replaces the salary — only the first 3 days of sick leave, and absences classified as unpaid in a collective agreement, leave you with nothing.

[Common interpretation:] Art. 253 n.º 2 refers to situations involving a specific benefit — the entity paying shifts from the employer to Social Security, the insurance company, or another body. Outside these specific cases, any deduction on a justified absence is illegal.

Sick leave: the first 3 days problem

The biggest source of confusion is sick leave. The rule is harsh:

• Day 1, 2 and 3 of sick leave: neither the employer pays nor does Social Security pay a benefit (DL 28/2004 Art. 16). You get nothing — you actually lose pay for those days.
• From day 4 onwards: Social Security sick benefit kicks in, calculated on reference earnings: 55% up to 30 days, 60% up to 90 days, 70% up to 365 days, 75% beyond.

The exception: work accident and occupational disease, where the insurance pays 75% from day 1. Hospital admission is also paid from day 1 by Social Security.

Cases almost no one knows are paid (and should be)

Common situations where the employer, by bad faith or ignorance, deducts — and is wrong.

1. Parent-teacher meeting (up to 4 hours per term)

Art. 249 n.º 2 f) — it is a justified absence and falls under the general rule. No loss of pay. The employer can ask for proof (school statement) but cannot deduct.

2. Election polling day

Art. 249 n.º 2 c) + Electoral Law. Fully paid. Same regime for all national, local and European elections.

3. Court witness

Art. 249 n.º 2 e). Paid. The proof is the court summons. Applies to any civil, criminal or administrative proceeding.

4. Blood or bone marrow donor

Art. 249 n.º 2 d) and Lei 37/2012. Paid, and travel time to the hospital counts. The proof is the certificate from the transfusion service.

5. Absence to take a child to the doctor (one-off, not sick leave)

Falls under Art. 249 n.º 2 e). A one-off visit with a child under 12 counts as urgent assistance. Paid, no deduction.

[Common interpretation:] these absences are often wrongly deducted by HR mistake or bad faith. First step is to request a written correction; if the employer insists, complaint to ACT.

Child and family assistance: the cap changes everything

Here there is nuance. Art. 249 e) + Art. 49 + Art. 252 create a tiered system:

• Child under 12 or with disability/chronic illness: up to 30 days per year. No employer pay, but Social Security pays a child assistance benefit at 65% (DL 91/2009). You have to apply for the benefit on the Social Security portal — it is not automatic.
• Child 12-18: up to 15 days per year with benefit.
• Spouse, parents, parents-in-law: absences for accompaniment count as justified but, above an annual cap, become unpaid and without benefit.

The worker's option: swap for holidays (Art. 257)

If an absence is about to cost you pay, you can request to swap it for holiday days. It works like this:

1. You notify the employer of your choice by the day immediately following the absence.
2. The employer cannot refuse if you have available days (Art. 257).
3. You receive normal pay for the substituted day (taken out of your holiday balance).

Useful for: child assistance above the cap, training course without subsidy, justified absence classified as unpaid by CCT.

The 6 typical employer tricks

1. Deducting parent-teacher meetings. Illegal. Art. 249 n.º 2 f) + Art. 253 n.º 1 say it is a paid justified absence. Request a written correction.

2. Requiring the certificate the same day. The law says "reasonable time" (Art. 252). For short leave, 5 working days is reasonable. For a CIT, within 5 days of issue.

3. Treating 1-3 day sick leave as unjustified because "SS does not pay". Wrong. No benefit ≠ unjustified absence. It remains justified — only without employer pay (unless CCT).

4. Giving the option "either use holidays or lose pay" without informing about Art. 257. The option is yours, not the employer's. You decide. And it is only needed when the absence would be unpaid under the general rule.

5. Cutting the meal allowance because "you did not work". For paid justified absences, the meal allowance usually stays. Check the CCT — almost all maintain the meal allowance during paid justified absences.

6. Applying retroactive deductions without warning. If the deduction is wrong, demand correction. If it is correct (e.g. sick leave), the employer must inform you in advance — it cannot just appear on the payslip.

If the employer deducts wrongly — what to do

4-step plan:

1. Request the payslip and a written correction by email. Keep written evidence. Cite Art. 253 n.º 1 and the type of absence. Give 8 days to reply.

2. Escalate to HR or Management. If the direct manager does not respond or dismisses you, send a formal email to HR with all documents (notice of absence, proof delivered, wrong payslip).

3. File a complaint with ACT. Unpaid salary is a serious labour infraction (Art. 278 + Art. 323). ACT can open a case and require payment + fine.

4. Court / constructive dismissal. If the employer does not correct and the unpaid amount reaches more than 60 days, you gain the right to resign with just cause (Art. 394 n.º 5) — with severance 15-45 days × year + unemployment benefit.

Useful links

• Justified vs unjustified absences — pillar guide — every type of absence and the rule that applies to each.
• Unforeseeable absence: how to notify and prove — Art. 251 and 252.
• Bereavement leave by relationship — table with 11 relationship grades.
• Child assistance leave — Art. 49 and Social Security benefit.
• Net salary calculator 2026 — see the real impact of a deduction.