Maternity leave Portugal 2026: how long and how much

"Maternity leave" is what everyone calls it. In the law it is called the initial parental leave, and the part that belongs only to the mother is in Art. 41 of the Labour Code: 6 mandatory weeks after the birth and up to 30 days before.

This guide shows how much time you get, how much you receive, what other rights you have while pregnant and breastfeeding, and how to claim without losing a single day.

Maternity leave: the right name and what is only yours

Many people search for "maternity leave". The law no longer uses that name. It put everything into the parenting regime. The leave you and the father take for the birth is called the initial parental leave (Art. 40). It is 120 or 150 days.

Inside those days there is a slice that is only yours and that nobody can take from you. It is called the mother's exclusive parental leave periods (Art. 41). There are two parts:

• Up to 30 days before the birth, if you want.
• 6 weeks (42 days) after the birth, mandatory.

The rest of the 120 or 150 days can stay only with you or be shared with the father.

The 6 mandatory weeks after the birth (Art. 41)

This is the part the law requires you to take. It is 42 consecutive days, right after the birth. You cannot give them up, even if you want to return to work earlier.

The 30 days before the birth (optional)

You can start the leave up to 30 days before the expected date of birth. It is optional and you do not need a medical note for it. You just have to want it.

Watch one detail: these days count toward the total of 120 or 150 days. If you take 30 days before, you have 30 fewer afterwards. That is why many mothers prefer to keep all the time for when the baby is born.

120 or 150 days: the choice that changes what you get

The initial parental leave is 120 or 150 days. The choice belongs to the parents. The difference is only one thing: how much Social Security pays.

• 120 days (about 4 months) pays 100 percent.
• 150 days (about 5 months) pays 80 percent.

If you share with the father and each of you takes at least 30 days alone, the family gains 30 extra days:

• 120 + 30 = 150 days pays 100 percent.
• 150 + 30 = 180 days pays 83 percent (or 90 percent if the father takes 60 consecutive days).

Your 6 mandatory weeks sit inside these days and are paid at the percentage you chose. There is no special percentage just for the mother. The part that is always paid at 100 percent is the father's exclusive leave, the 28+7 days.

How much you get: the percentages and the minimum

The benefit is paid by Social Security, not by the company. It is worked out on your reference pay (the average of your recent salaries):

Reference pay = total salary of the first 6 of your last 8 months / 180

There is a floor that protects lower earners: the daily benefit cannot be less than 14.32 EUR in 2026 (80 percent of 1/30 of the IAS, which in 2026 is 537.13 EUR).

More than the leave: your rights as a pregnant and nursing worker

The leave is only one part. While you are pregnant, postpartum (up to 120 days after the birth) or breastfeeding, you have extra rights:

• Paid antenatal appointments (Art. 46): time off for as long and as often as needed, with no loss of pay.
• Clinical risk leave (Art. 37): if the doctor tells you to stop before the birth, there is a separate leave, paid by Social Security, without using up your parental leave.
• Exemption from night work (Art. 60): you are not required to work at night around the birth; if the company cannot give you a daytime schedule, you receive 65 percent of your reference pay.
• Exemption from overtime (Art. 59) and from schedules such as time bank or flexible-hours arrangements (Art. 58).
• Breastfeeding time off (Art. 47): two periods of up to 1 hour per day while you breastfeed.

You cannot be dismissed without going through CITE (Art. 63)

While you are pregnant, postpartum or breastfeeding, you have strong protection against dismissal.

• The company must request a prior opinion from CITE (the Commission for Equality in Labour and Employment) before dismissing you, whatever the reason.
• If it dismisses you without that opinion, the dismissal is unlawful and it is also a serious administrative offence.
• The protection applies to any form of dismissal, including during the probation period and the abolition of the post.

How to claim (company + Social Security)

You report the leave to the company; you claim the benefit from Social Security. Two steps.

1. Tell the company in writing. After the birth, you have 7 consecutive days to report the dates you will take, with medical proof of the birth.
2. Claim the parental benefit on Social Security Direct. You have 6 months from the first day of leave.
3. Check that the company reported the dates to Social Security. If that part is missing, the benefit is delayed.

Useful links

• Parental leave: the full guide the 120 or 150 days, sharing with the father and the benefit in each option.
• Paternity leave the father's 28+7 days, which happen at the same time as yours.
• Breastfeeding and pregnancy loss rights your rights while breastfeeding.
• Child assistance leave the days you get when the baby is sick.
• How to file an ACT complaint if the company does not respect the leave.

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