Unforeseeable absence in Portugal: how to notify the employer and prove it (Art. 251)

What counts as an unforeseeable absence

Unforeseeable means anything you did not know in advance. The law treats this differently from foreseeable absences (scheduled surgery, marriage, court hearings) because the notice rule changes — you cannot give 5 days notice if the situation just happened.

Typical examples:

• Sudden illness (high fever, strong flu, severe pain)
• Accident (at home, in the street, on the way to work)
• ER visit (yours or a close family member's)
• Unexpected hospitalisation of a child or spouse
• Death of a family member (also covered by bereavement regime, Art. 251 n.º 1)
• Natural disaster or civil emergency preventing you from reaching work

How to notify — the channel and the timing

Art. 251 n.º 1 says "as soon as possible" — it does not fix a time or form. That gives flexibility. But there is a practical pattern that protects you.

When to notify

The rule that works in practice:

• If you can notify before the shift starts → do it. Even at 6 a.m., it counts.
• If you wake up sick in the middle of the night and your shift starts at 8 → send a message to the manager by 8, even if they do not reply yet.
• If the emergency happened after you left home → notify as soon as possible (phone, message). It is valid from the hospital, on the way, or through a family member.
• If you are incapacitated (unconscious, in surgery) → objective impossibility applies. Family or friend notifies on your behalf. The essential is that the notice reaches the employer as soon as it can.

How to notify

Any channel that proves the communication:

• WhatsApp or SMS to the direct manager (the most common and accepted)
• Email to the manager + copy to HR (more formal, leaves a paper trail)
• Phone call followed by a message (the call is not recorded)
• Internal platform (Workday, SAP, in-house app) if the company has one

[Common interpretation:] WhatsApp or SMS is sufficient proof of communication, as long as you keep the screen with date and time. If the employer disputes it later, that screenshot is your proof.

Who should receive the notice

Recommended pattern:

• Direct manager — they decide the day's work
• HR or responsible person — if the company has a department, send a copy
• Other contact set in internal rules, if applicable

If you can only reach a colleague, ask them to inform the manager and HR on your behalf. Confirm later when you can.

Proof: what document to deliver and when (Art. 252)

The employer can require proof of the reason (Art. 252 n.º 1). It is the employer's right — if you do not deliver in a reasonable time, the absence is marked unjustified.

[Common interpretation:] the employer cannot require a certificate for a single day with no reason at all. The request must be proportional — for 1 day, an ER statement or family doctor note is enough. For 3 or more days, the CIT is mandatory.

When you lose pay (Art. 253 + DL 28/2004)

The general rule: justified absences do not cause loss of pay (Art. 253 n.º 1). The exceptions:

The 5 most common mistakes

1. Waiting to notify until you have the certificate in hand. Communication and proof are two separate things. You notify in the moment by WhatsApp or call; you deliver proof in the days that follow. Waiting for the certificate to notify is already an unjustified absence by communication failure.

2. Notifying only a colleague or friend at work. The notice must reach the manager or HR. A colleague helps but does not replace — ask them expressly to forward, and confirm when you can.

3. Not keeping proof of the communication. Screenshot of the WhatsApp with date and time, screenshot of the email sent, call log. If the employer disputes it later, this is your only proof.

4. Not delivering the certificate within a reasonable time. Even with a legitimate reason, if you ignore the proof request or take weeks with no justification, the absence becomes unjustified. Standard: 5 working days to deliver.

5. Assuming the employer is required to pay the first 3 days. As a rule, they are not — unless the collective agreement or individual contract say so. Check your sector (DGERT lists the CCT by activity) before counting on that money.

Next steps by situation

• You woke up sick now → WhatsApp the manager + HR before the shift, go to the doctor, get a certificate, forward a copy as soon as you have it.
• You are in the ER unable to speak → ask a family member to notify the employer on your behalf; deliver the attendance statement at discharge.
• Child hospitalised → notify by message, attach a certificate identifying the child; if under 12, it counts as child assistance (Art. 49).
• Work accident → notify the manager + the insurer; the regime changes — the insurer pays, no 3-day rule.
• The employer disputes the absence → send everything by email with dates, attach certificate/CIT, ask for written confirmation; if the employer insists on deducting, file a complaint with ACT.
• You received a disciplinary notice for an absence you communicated → open the disciplinary notice guide and respond within 10 working days attaching proof of the communication.