Paternity leave Portugal 2026: 28+7 days and how to claim

"Paternity leave" is what everyone calls it. In the law it is called the father's exclusive parental leave (Art. 43 of the Labour Code). It is 28 mandatory days plus 7 optional days, paid at 100 percent by Social Security.

This guide shows how many days you get, when you must take them, how much you receive and how to claim the leave without losing a single day.

Paternity leave: the right name and the days

Many people search for "paternity leave" and "maternity leave". The law no longer uses those names. It put everything into the parenting regime. The part that belongs only to the father is called the father's exclusive parental leave (Art. 43).

There are two slices:

• 28 mandatory days that the father really has to take.
• 7 optional days at the father's choice.

These figures apply since 1 May 2023. That is when Law 13/2023 (the Decent Work Agenda) raised the mandatory part from 20 working days to 28 days. If you saw "20 days" or "15 working days" on an old site, it is out of date.

The 28 mandatory days (Art. 43)

This is the part that counts. The father must take 28 days within the 6 weeks after the birth. The rule has three points:

• 7 consecutive days right after the birth, with no break.
• The other 21 days within the 42 days after the birth, consecutive or in blocks of at least 7 days.
• They are calendar days, not working days. Weekends count.

The 7 optional days

Once the 28 mandatory days are done, the father is also entitled to 7 optional days. They are optional, but worth it: they are also paid at 100 percent.

The condition: they must be taken while the mother is on her initial parental leave. They can be consecutive or split. Tell the company at least 5 days in advance.

For twins, you get 2 extra days for each baby beyond the first (Art. 43, no. 3). With twins, that is 2 more days; with triplets, 4 more.

How much you get: 100 percent from Social Security

Paternity leave is paid at 100 percent of your reference pay. Social Security pays it, not the company. The company keeps your job; Social Security pays the benefit.

The reference pay formula:

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).

How to claim (company + Social Security)

You ask the company for the leave; you claim the benefit from Social Security. Two steps.

1. Tell the company in writing. State the dates you will take. For the 7 optional days, give at least 5 days notice.
2. Claim the parental benefit on Social Security Direct. You have 6 months from the first day of leave. You need the child's birth record.
3. Check that the company reported the dates to Social Security. If the company's part is missing, the benefit is delayed.

Want to stay off longer? Share the mother's leave

The 28+7 days belong to the father and take nothing from the mother. But the father can stay off much longer: he can share the initial parental leave (the 120 or 150 days, Art. 40).

The trick: if both parents share and each takes at least 30 days alone, the family gains 30 extra days. It is how the father stays home longer without losing benefit.

The company cannot block it

The 28 mandatory days are not a favour. They are a right.

• The company cannot refuse the 28 days. Blocking them is an offence.
• It cannot cut your pay because of the leave. Social Security pays it, at 100 percent.
• It cannot penalise you in your appraisal, holidays or progression for taking the leave.
• You are also entitled to 3 paid absences to attend antenatal appointments before the birth (Art. 46).

If the company does not respect this, you can file a complaint with the ACT.

Useful links

• Parental leave: the full guide the 120 or 150 days, sharing between parents and the benefit.
• Child assistance leave the days you get when your child is sick.
• Breastfeeding and pregnancy loss rights other rights in the parenting regime.
• 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.