Justified and Unjustified Absences in Portugal8 minutos de leitura

Absences in Portugal fall into two categories under the Labour Code (Lei 7/2009): justified absences (faltas justificadas) and unjustified absences (faltas injustificadas). Each has distinct implications for pay, discipline, worker rights and employer obligations. Mishandling the classification generates systematic exposure — from unpaid wages that should have been paid, to disciplinary actions overturned as abusive.

This guide is for international HR managers and business owners running Portuguese operations. It covers the 11 categories of justified absences, documentation requirements, deadlines, interaction with payroll and the common pitfalls that create liability.

The legal framework

The core articles:

• Article 248-249 — definition and classification of absences
• Article 249 — the 11 categories of justified absence
• Article 253 — effects of justified absences on pay
• Article 254 — effects of unjustified absences
• Article 256 — substitution of absences by rest periods
• Articles 112, 328, 351 — disciplinary consequences of unjustified absences

The 11 categories of justified absence (Article 249)

1. Up to 15 days per year for marriage — on marriage or civil union, consecutive
2. Bereavement — 5 consecutive days for death of spouse, partner, parents, children, step-parents; 2 days for siblings, grandparents, in-laws
3. Birth of child — 20 days for parental leave (first 7 compulsory, 13 flexible within 6 weeks of birth); additional partner leave rights
4. Assistance to child, grandchild or dependent spouse — up to 30 days per year for child under 12 (adjustable by number of children), 15 days for other dependents
5. Illness — proven by CIT (Certificado de Incapacidade Temporária) issued by SNS doctor; variable duration
6. Mandatory presence (court, witness, jury duty, trade union activity) — the time required by the legal obligation
7. Candidate for public office — campaign period as defined by electoral law
8. Trade union or works council representative — statutory hours allowance per month
9. Military obligations — the period required
10. Training — up to 40 hours per year of continuous training (Article 131)
11. Other legally recognised causes — specific case by case (special legislation)

Documentation requirements per category

Justified absences require proof. The system must track and store:

Failure to provide documentation within deadline can reclassify a justified absence as unjustified, with pay and disciplinary consequences.

Effects on pay (Article 253)

• Marriage, bereavement, birth, mandatory presence, military — full pay
• Illness (CIT) — first 3 days unpaid by employer (Segurança Social covers from day 4 at reduced rate); some CCTs establish employer top-up
• Dependent assistance — unpaid by employer; Segurança Social subsidy available for most categories
• Training — full pay for the first 40 hours per year (Article 131)
• Trade union representation — paid up to the statutory limit

The payroll system must distinguish these cases and apply the correct treatment. Blanket “paid absence” or “unpaid absence” labels miscalculate wages systematically.

Effects of unjustified absences (Article 254)

1. Loss of pay for the day(s) absent, including rest day/holiday that fell within the absence period (Article 254, 1)
2. Loss of vacation subsidy proportional to the absence
3. Disciplinary measures — unjustified absence is grounds for disciplinary action up to and including dismissal with just cause (Articles 328, 351)
4. 5 unjustified absences in a row or 10 in 12 months — specific just-cause ground for dismissal (Article 351, 2, g)

Operational practices for managing absences

Pre-absence notice

For foreseeable absences (marriage, training, scheduled court appearance), worker must notify employer in advance with reasonable notice. The system should allow digital notice submission.

During absence

For illness, CIT must be delivered within 5 days of medical appointment. The system should allow worker (or doctor’s office) to upload CIT digitally and the HR team to verify validity (CIT numbers can be checked against SNS portal).

Post-absence

Supervising manager approves justification against documentation. System moves absence to “justified” status; payroll runs the correct treatment automatically.

Running balance per worker

Each worker’s absence history should be visible to HR with: total absences YTD, breakdown by category, documentation completeness, payment status. Enables early intervention (worker approaching 5 consecutive unjustified) and documents compliance (CIT uploaded within deadline).

CIT (Certificado de Incapacidade Temporária) — the sickness certificate

The CIT is the official document issued by a SNS (public health service) doctor confirming the worker’s inability to work due to illness. Key points:

• Must be issued by SNS doctor or recognised equivalent
• Delivered to Segurança Social (electronically) and employer (physical or digital copy) within 5 days
• Specifies start and expected end date of incapacity
• First 3 days: unpaid by employer (unless CCT establishes otherwise)
• From day 4: Segurança Social pays sickness subsidy (reduced percentage of reference salary)
• CIT renewal if incapacity extends — must be delivered each time
• Private doctor CITs are not valid; must be SNS

Attendance software should allow upload of CIT and track days of coverage, flagging missing renewals.

Common pitfalls for international employers

1. Treating all absences as either “paid” or “unpaid” — the 11 categories have specific rules each
2. Not accepting CIT delivered on day 6 — the 5-day deadline is for issuance, delivery practice varies; be cautious
3. Disciplining illness-related absences as unjustified when the worker was simply late to deliver CIT
4. Counting marriage leave as vacation — it is additional, not deducted from vacation balance
5. Not tracking bereavement properly — degree of kinship determines days (spouse/children: 5; siblings/grandparents/in-laws: 2)
6. Blocking dependent-assistance absences — the law gives the worker the right; employer cannot refuse (within caps)
7. Treating training leave as discretionary — 40 hours annually is a legal entitlement under Article 131
8. No digital record of CIT delivery — in disputes, employer must prove absence of CIT
9. Terminating for “excessive absences” without unjustified absence pattern — illness is justified; termination on that basis is abusive
10. Not applying CCT more favourable regime — some CCTs extend bereavement to in-laws or increase marriage leave

Discipline for unjustified absences — the correct process

1. Document the absence and the failure to justify (missing documentation after deadline)
2. Written notice to worker inviting justification
3. If no response or inadequate response: proceed with disciplinary process per Article 329
4. Formal disciplinary note (nota de culpa) with specific facts, charges and reference to Labour Code articles
5. Worker’s defence period (10 working days minimum)
6. Investigation if required
7. Final decision (admonishment, suspension, dismissal with just cause for grave cases)
8. Document everything — if challenged in Labour Court, employer must prove the process was followed

Short-circuiting this process (verbal warnings, immediate dismissal) voids the disciplinary action and may trigger worker reinstatement.

Official sources

• Portuguese Labour Code (Lei 7/2009), Articles 131, 248, 249, 253, 254, 256, 328, 329, 351 — Diário da República
• Autoridade para as Condições do Trabalho — act.gov.pt
• Segurança Social (sickness subsidy, CIT) — seg-social.pt
• Sectoral CCT via BTE

Conclusion

Absence management in Portugal is category-specific, documentation-sensitive and litigation-prone. The 11 justified categories, each with its own documentation and pay treatment, require precise system support and consistent operational practice. Portuguese cloud software with native absence category rules eliminates misclassification errors, documents compliance in real time, and dramatically reduces the risk of disciplinary action being overturned or back-pay being claimed years later.

Managing a Portuguese operation and need software that handles the 11 absence categories natively? PicaPonto is Portuguese cloud software with Portuguese Labour Code absence rules, CIT upload, approval workflows and native payroll integration (Primavera, PHC, Sage 200, Eticadata). Start a 15-day free trial.

This article does not constitute legal advice. For specific cases, consult a Portuguese employment lawyer.

Related reading

• Article 202 of the Portuguese Labour Code
• Compensatory Rest for Overtime (Article 229)
• Workforce Attendance Management in Portugal
• ACT Labour Inspections in Portugal