Employee´s rights are increased by the Parenting Protection Regime
Labor and Employment Law Alert
Laws no. 90/2019 and 93/2019, of September 4, were published in Diário da República, which introduced the following amendments regarding the parenting protection regime:
Creation of 2 news leaves applicable to:
- Travel to a hospital unit located outside the island of residence, for childbirth purposes (it lasts for any period deemed necessary and appropriate for the travel). This leave does not determine the loss of any rights, exception made to the payment of the remuneration, and is considered to be effective work performance; and
- Assistance to children with cancer disease (for a period of 6 months, extendable up to 4 years).
Extension of the initial parental leave in the following cases:
- Child hospitalization, allowing the extension of the leave up to a maximum of 30 days; and
- Childbirth up to and including 33 weeks, being in this case possible to extend the for 30 days, or for the entire period of hospitalization in case of special medical care for the child.
Amendments to the enjoyment of the exclusive father0s parental leave
The father’s parental leave must be enjoyed as follows:
- 20 mandatory consecutive or interpolated working days, to be enjoyed within six weeks following the child's birth, 5 of which must be consecutively enjoyed immediately after the child's birth.;
- 5 working days, consecutive or interpolated, to be optionally enjoyed, provided that it occurs simultaneously with the mother's initial parental leave.
Extension of the adoption leave
- Leave due to adoption of children under 15 now benefits from the same period as the initial parental leave (Article 40 (1) to (3) of the Labor Code).
Creation of news leaves for the following situations:
- Travels between islands of pregnant, postpartum or lactating employees, which also include the companion of the employee;
- Medically Assisted Reproduction consultations (MAR) - three allowed absences for consultations within each cycle of MAR treatments;
- These leaves do not determine the loss of any rights, exception made to the payment of the remuneration, and are considered to be effective work performance.
Creation of new allowances
- 3 new allowances for parenting protection are created under the social security system:
- Allowance in case of travel to a hospital unit located outside the island of residence, for childbirth purposes, in the daily amount corresponding to 100% of the reference remuneration;
- Allowance to provide assistance to children with cancer disease, granted for a period of up to 6 months, renewable for up to 6 years, in the daily amount corresponding to 65% of the beneficiary's reference remuneration, with a monthly threshold of twice the IAS;
- Specific allowance for hospitalization of the newborn, corresponding to 100% of the beneficiary's reference remuneration.
- The daily amount of the Specific Risk and Child Assistance Allowance is increased from 65% to 100% of the beneficiary's reference remuneration.
* The above referred amendments become effective with the entry into force of the 2020 State Budget.
Termination of the employment contracts during the trial period
- The termination of the employment contract of a pregnant, postpartum or lactating employee or employee on parental leave during the trial period shall be communicated by the employer to CITE within 5 working days from the date of notice.
Non-renewal of a term employment contract
The non-renewal of a fixed-term employment contract of an employee on parental leave shall be communicated by the employer to CITE at least 5 working days prior to the date of notice.
* These last two amendments become effective on October 4, 2019.
Note: Amendments have also been introduced in the parenting regime of public employees included in the convergent social protection scheme.
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