Parental leave in Portugal 2026: days and how much you get

Parental leave is the time you can stop working when a child is born, with Social Security paying you while you are off. The initial leave is 120 or 150 days. The father also has leave of his own, 28 plus 7 days.

This guide shows how many days you get, how much you receive in each option, how to share the leave to gain 30 extra days, and why no one can dismiss you during this period.

What parental leave is (Art. 40)

"Parental leave" is the modern name for what many still call "maternity leave" and "paternity leave". The law combined them into a single package of rights when a child is born or adopted.

There are three blocks to know:

• Initial parental leave the 120 or 150 days that mother and father can split.
• Father's exclusive leave days that belong only to the father and take nothing from the mother.
• Extended parental leave optional extra time, with a lower benefit.

Almost everything is paid by Social Security, not the employer. The employer guarantees your job; Social Security pays the benefit.

Initial parental leave: 120 or 150 days

This is the main leave. Art. 40 gives two options, and the choice changes how much you receive.

• 120 days in a row, paid at 100 percent of reference pay.
• 150 days in a row, paid at 80 percent.

Notice the trade-off: 150 days gives you one extra month at home, but it lowers the benefit from 100 percent to 80 percent. Many people choose the 120 days at 100 percent because of the money.

The mother's mandatory part (Art. 41)

Inside this leave there is one rule you cannot get around: the mother must take 6 weeks right after the birth. That is 42 days of mandatory rest to recover.

The mother can also start the leave before the birth, up to 30 days earlier. That time is optional.

Everything left from the 120 or 150 days, apart from these 6 weeks, can be split with the father. That is where sharing comes in.

Father's own leave: 28 + 7 days (Art. 43)

The father has rights that are his alone and take nothing from the mother's leave. There are two parts.

• 28 mandatory days. Taken within the 6 weeks after the birth. Of these, 7 days must be right after the birth, in a row. The other 21 can be in a row or in blocks of at least 7 days.
• 7 optional days. Taken at the same time as the mother's initial leave.

All of the father's leave is paid at 100 percent of reference pay. There is no percentage choice here.

Sharing the leave: gaining 30 days

Here is the trick many people do not know. If mother and father share the initial leave, the family gains 30 extra days.

The condition: each one must take, alone, at least 30 consecutive days (or two periods of 15 days), after the mother's mandatory 6 weeks.

Look at the most interesting line: 120 days + sharing gives 150 days at 100 percent. That is more time than 150 days alone, and paid at 100 percent instead of 80 percent. The only condition is the father agreeing to take at least 30 days on his own.

How much you get: the parental benefit

The amount is not your exact salary. Social Security works out a reference pay (the average of what you earned over a past period) and applies the percentage of your option.

The reference pay formula:

Reference pay = total salaries of the first 6 of the last 8 months, divided by 180

Then the percentage applies: 100, 80 or 83 percent, depending on the option.

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

Extended parental leave: 3 extra months at 25 percent (Art. 51)

After the initial leave, each parent can ask for up to 3 more months of leave. It is called extended parental leave.

The catch is the money: Social Security pays only 25 percent of reference pay. It is much less, but it lets you stay longer with your child.

[Current interpretation:] in practice, extended leave is used when the family can absorb the drop in income or when there is no nursery place. It is not mandatory and can be taken full time or part time.

Protection against dismissal (Art. 63)

This is the part that brings the most peace of mind. During pregnancy, and even for someone on parental leave, you cannot be dismissed freely.

Art. 63 forces the company to ask for a prior opinion from CITE (the Commission for Equality in Labour and Employment) before dismissing a pregnant worker, a new mother, a breastfeeding worker or a worker on parental leave.

• If CITE gives an unfavourable opinion and the company dismisses anyway, the dismissal is presumed unlawful.
• An unlawful dismissal means a right to reinstatement or compensation, plus the wages you stopped receiving.

How to claim parental benefit

You request the leave from the employer; you claim the benefit from Social Security. They are two different steps.

1. Notify the company in writing. State the dates you will take and, if sharing, who takes each period. Do this in advance (as a rule, at least 30 days before; 5 days for the father's 7 optional days).

2. Claim the benefit on Social Security Direct. You have 6 months from the first day of leave. You need the birth record and, when sharing, a declaration from both parents.

3. Check that the company reported the dates. Social Security cross-checks your declaration with the company's. If the company's part is missing, the benefit is delayed.

5 common mistakes about parental leave

1. Thinking the employer pays. It does not. The initial leave and the father's leave are paid by Social Security. The employer guarantees your job.

2. Choosing 150 days without doing the maths. 150 days pays 80 percent; 120 days + sharing gives 150 days at 100 percent. Sharing almost always pays off.

3. The father skipping the 28 mandatory days. They are not optional. If the company blocks them, it is in breach and there is grounds for an ACT complaint.

4. Missing the 6-month deadline to claim the benefit. After that, you lose benefit days. Claim as soon as the leave starts.

5. Thinking you can be dismissed freely. You cannot. Without a CITE opinion, dismissing a pregnant worker, a breastfeeding worker or someone on leave is challengeable (Art. 63).

Useful links

• Net salary calculator 2026 estimate the base used to calculate the benefit.
• Child assistance leave the days you get when your child is ill.
• Can my employer fire me? Is it legal? protection against unlawful dismissal.
• Ten basic rights working in Portugal the overview of your rights.
• Christmas bonus Portugal 2026 how bonuses are kept during leave.