Justified vs unjustified absences in Portugal: the complete guide (2026)

What counts as an absence (Art. 248)

An absence is failing to be at the workplace at the scheduled time, for the whole day or part of it. If you arrive more than one hour late, it counts as half an absence. If you arrive after more than half a shift (half a morning, half an afternoon), it counts as a whole-day absence.

The concept is simple — but it covers everything that is not effective work: holidays, sick leave, parental leave, suspension, training outside the company. As a rule, every absence needs a legal grounding. Without one, it is an absence. And an absence can be either justified or unjustified.

The list of justified absences (Art. 249)

The law is exhaustive. Only these reasons count as justified:

If you do not fit any of these categories and the employer does not accept the absence in writing, it will be unjustified.

Bereavement days: the full table (Art. 251)

This is the most-searched table in the Labour Code. It was changed by Law 1/2022 — particularly to extend mourning for the death of a child.

Days run from the date of death (or from knowledge if later), consecutive, including weekends and holidays.

[Common interpretation:] if the sector collective agreement is more favourable (more days), the agreement applies. If the individual contract gives more days, the contract applies.

How to notify in time

The law treats foreseeable and unforeseeable absences differently. The notice rules matter — failing to notify can turn a justified absence into unjustified by procedural failure.

Foreseeable absences (Art. 250)

Marriage, school exam, court hearing, scheduled surgery, public-sector exam — anything you know in advance.

Minimum notice: 5 days, in writing (email, letter, internal platform). If the absence is in less than 5 days but you only just learned of it (urgent court summons, extra exam), you notify as soon as you have the information.

Unforeseeable absences (Art. 251)

Sudden illness, accident, family emergency, child hospitalisation.

Notice: as soon as possible, by any means (phone, WhatsApp, email). There is no formal deadline — but the standard is to notify on the same day, before or at the start of the work shift.

If you cannot notify on the same day (you are unconscious in hospital, for example), you notify as soon as possible. Case law accepts objective impossibility.

Proof: when and how (Art. 252)

The employer can ask for proof of the reason invoked. It is an employer right — and if you fail to deliver, the absence becomes unjustified.

The employer cannot demand absurd proofs (a CIT for 1 day of illness when not legally required). [Common interpretation:] the request must be reasonable and proportionate to the reason. If the employer rejects legitimate proof, file a complaint with ACT.

When you lose salary and when you do not (Art. 253)

This is the part that changes your monthly pay. The rule is simple: justified absences do not make you lose salary.

Justified absences — no salary loss

• Marriage (15 days)
• Bereavement (2/5/20 days)
• School exam
• Compliance with legal duty (court, jury)
• School visit for child
• Blood donation
• Union activity (with limits)
• Working student (with rules)

Justified absences — salary loss but with substitute

[Common interpretation:] the first 3 days of illness are not covered by sick benefit (DL 28/2004). The employer is not obliged to pay them — unless the collective agreement or contract say otherwise.

Unjustified absences: what you risk (Art. 256 + Art. 351)

If you are absent and the absence does not fit any of the Art. 249 grounds (or it did, but you did not notify, or did not provide proof), the absence is unjustified. The consequences:

Loss of pay

You lose salary for the absence period (Art. 256 n.º 1). The loss is proportional: half a day missing = half a day deducted.

[Common interpretation:] in some cases, the employer may also deduct the complementary weekly rest day and immediately surrounding holidays, if collective regulation allows it.

Disciplinary risk and dismissal

Accumulation of unjustified absences may give just cause for dismissal. Art. 351 n.º 2 g) is explicit:

"Unjustified absences from work that directly cause serious harm or risk to the company, or whose number reaches, in a calendar year, 5 consecutive or 10 interpolated, regardless of harm or risk."

Practical translation: 5 consecutive days or 10 interpolated days in a calendar year is the trigger. Above that, the employer may start disciplinary proceedings even with no concrete harm.

Before dismissal: disciplinary procedure

Even with legal grounds, the employer cannot dismiss without a disciplinary procedure (Art. 353). You must receive a written disciplinary notice (nota de culpa), can respond within 10 working days and submit evidence. Only after the procedure can a decision be issued. Without this procedure, the dismissal is unlawful (Art. 381).

Substituting pay loss with holiday (Art. 257)

There is a way out to avoid the deduction: the worker can ask to use pending holiday days instead of losing pay (Art. 257).

Three conditions:

• You have unused holiday days
• You ask, in writing
• The employer must accept (not automatic)

If the employer accepts, instead of losing salary you use holiday days. You keep being paid, but your holiday balance drops. It is a typical negotiation in cases of isolated unjustified absences — to avoid staining the record and the salary.

The 6 most common mistakes

A list of what causes problems every week.

1. Not notifying on the day. Even with a justified motive, if you do not communicate on the same day (or as soon as possible), you risk having the absence treated as unjustified. A WhatsApp to your manager counts as notice.
2. Thinking sick days are always paid by the company. The first 3 days are not paid by Social Security (DL 28/2004) — and the company only pays if the collective agreement or contract require it. Read your contract.
3. Confusing bereavement leave with religious or social mourning. The law only counts the days set in Art. 251 — extra ceremonies and traditions do not add up. If you need more days, negotiate holiday or unpaid leave.
4. Not delivering proof. The employer can ask for reasonable proof. If you ignore the request, the absence becomes unjustified — even if the original motive was valid.
5. Thinking 4 or 5 small absences do not matter. Hitting 10 unjustified absences in a calendar year is just cause for dismissal, even without harm. Do not stack them.
6. Accepting "I am going to deduct a full day" for arriving 1 hour late. A delay over 1 hour = half an absence. Not a full day. If the employer charges more, that is abuse — fixable through ACT.

Next steps by situation

• You will be absent tomorrow for a medical appointment → send an email to the manager 5 days in advance (even if there is little time, send it now), keep proof of the appointment for evidence.
• You woke up sick today → notify on the same day, see a doctor, request the medical certificate/CIT, email the company once you have the document.
• A family member died → identify the relationship in the table above, count consecutive days, notify the employer in writing identifying the days.
• You have 6 unjustified absences this year and want to avoid another → negotiate substitution with holiday (Art. 257) and watch the 10-day limit.
• You received a disciplinary notice for absences → open the disciplinary notice guide and respond within 10 working days.
• You are on long sick leave → confirm the benefit in the sick benefit calculator and read who pays the first 3 days.