Portuguese maternity leave is built on a choice. The mother can take 120 days at 100% pay or 150 days at 80% pay — and if both parents share the leave, they earn a bonus that increases the total payment. The system, called licença parental inicial, is designed to encourage both parents to take leave, not just the mother.
This guide covers Portuguese maternity leave in 2026: the two duration options, the sharing bonus, how Social Security funds the payments, employer obligations, and the rules that apply before and after the leave period.
Key takeaways
- The mother is entitled to 120 days at 100% pay or 150 days at 80% pay, under the Labour Code, article 39.
- If both parents take leave, the family receives a sharing bonus — an additional 30 days at 100% pay (or 40 days at 80% pay) split between them.
- Social Security (Segurança Social) funds the payments directly, based on the employee’s contribution history.
- The mother must take at least 30 consecutive days after birth (or 42 days if the birth is by caesarean section or involves complications).
- Employers must preserve the employee’s position and cannot dismiss the employee during the protected period.
The two options: 120 days or 150 days
Under article 39 of the Portuguese Labour Code, the mother chooses between two options at the start of the leave:
| Option | Duration | Pay rate | Total payment |
|---|---|---|---|
| 120 days | 120 days | 100% of reference salary | 120 × daily rate |
| 150 days | 150 days | 80% of reference salary | 120 × daily rate (same total) |
The math works out the same in total value — 120 days at 100% equals 150 days at 80%. The choice is between more time off at lower pay, or less time off at full pay.
The reference salary used for the calculation is the employee’s average remuneration over the 6 months immediately before the start of the leave.
When must the choice be made?
The mother communicates the chosen option to the employer at least 10 days before the expected due date. Once chosen, the option cannot be changed during the leave. The choice is irrevocable.
The sharing bonus (partilha parental)
Portugal’s sharing bonus is the system’s key incentive for equal parenting. Under article 39-A of the Labour Code:
- If the father takes at least 5 consecutive days (or 10 non-consecutive days) of paternal leave immediately after the birth, the family earns an additional 30 days at 100% pay (under the 120-day option) or 40 days at 80% pay (under the 150-day option).
- The bonus days are shared between the parents — the father takes some, the mother takes the rest. At least 5 of the bonus days must be taken by the father.
- If the father does not take his portion, those days are lost — they cannot be transferred entirely to the mother.
Worked example: sharing bonus
A couple choosing the 120-day option at 100% pay:
- Base entitlement: 120 days at 100%
- Father takes 5 days of bonus: +5 days at 100%
- Mother takes remaining 25 bonus days: +25 days at 100%
- Total: 150 days at 100% pay (vs. 120 without the bonus)
A couple choosing the 150-day option at 80% pay:
- Base entitlement: 150 days at 80%
- Father takes 5 days of bonus: +5 days at 80%
- Mother takes remaining 35 bonus days: +35 days at 80%
- Total: 190 days at 80% pay (vs. 150 without the bonus)
The sharing bonus is one of the most generous in Europe and has significantly increased paternal uptake since its introduction in 2016.
Social Security payments
Portuguese maternity leave is funded by Segurança Social (Social Security), not the employer. Under article 64 of the Social Security Code, the allowance is calculated as follows:
- 100% option: 100% of the employee’s reference salary (average of the last 6 months’ gross remuneration).
- 80% option: 80% of the employee’s reference salary.
- Payments are subject to a monthly ceiling set annually by the government. For 2026, the ceiling is approximately €3,639.76 per month.
Who applies to Social Security?
The employee applies directly to Segurança Social. The employer’s role is to:
- Confirm the employee’s employment and salary details when requested by Social Security.
- Continue making the employer’s social security contributions during the leave period.
- Report the leave period to Social Security so payments can be processed.
The employer does not advance salary during the leave — Social Security pays the employee directly.
Worked example: Social Security calculation
An employee earning €2,400 gross per month:
- 120-day option: 100% × €2,400 = €2,400 per month for 120 days
- 150-day option: 80% × €2,400 = €1,920 per month for 150 days
An employee earning €4,500 gross per month (above the ceiling):
- 120-day option: capped at the ceiling — €3,639.76 per month for 120 days
- 150-day option: 80% of the ceiling = €2,911.81 per month for 150 days
When the leave starts and ends
The leave structure under article 39:
- Mandatory post-birth period: The mother must take at least 30 consecutive days after the birth (42 days for caesarean births or complications). This is non-negotiable.
- Pre-birth leave: The mother can take up to 30 days before the expected due date. This is optional.
- Remaining leave: The balance of the 120 or 150 days is taken after the mandatory 30-day post-birth period.
Example timing
For a standard 120-day entitlement:
| Period | Duration | When |
|---|---|---|
| Pre-birth leave | Up to 30 days | Before expected due date |
| Mandatory post-birth | 30 days minimum | Immediately after birth |
| Remaining leave | Balance of 120 days | After mandatory period |
| Total | 120 days |
If the mother does not take pre-birth leave, the full 120 days start from the day after birth.
Extended parental leave (after the initial leave)
After the initial 120 or 150 days end, the parent can take extended parental leave (licença parental alargada) of up to 3 months at a reduced payment rate. Under article 40 of the Labour Code:
- First month: 100% of reference salary (if both parents take it; otherwise 80%).
- Second and third months: 80% of reference salary.
Extended leave can be taken by either parent and can be split between them. This is in addition to the initial leave entitlement.
Employer obligations
Portuguese employers have specific duties during maternity leave:
1. Preserve the position
The employee’s job must be held open for the duration of the leave. The employee returns to the same role or an equivalent position, with no loss of seniority, pay grade, or benefits.
2. No dismissal during the protected period
Under article 63 of the Labour Code, the employee cannot be dismissed during the leave period or for a period of 15 days after the leave ends. Dismissal during this period is void unless the employer can demonstrate grounds completely unrelated to the pregnancy or leave.
3. Report to Social Security
The employer must communicate the employee’s leave period to Segurança Social so that payments can be initiated. This is typically done through the employer’s quarterly social security declarations.
4. Workplace risk assessment
Under Decree-Law 102/2009, the employer must assess risks to the pregnant employee and adapt working conditions where necessary. This includes adjusting tasks, working hours, or workplace environment to eliminate or reduce risks to pregnancy and breastfeeding.
5. No reduction in benefits
The employee cannot lose any employment benefits — including bonuses, seniority accrual, or training opportunities — because of the leave period. The leave is treated as continuous service.
Common pitfalls
1. Missing the option deadline
The mother must communicate the 120 or 150-day choice at least 10 days before the due date. Employers who do not remind employees of this deadline risk disputes when the employee wants to change their choice later — which they cannot.
2. Assuming the employer funds the leave
Social Security pays, not the employer. Employers who advance salary during the leave and expect reimbursement create unnecessary cash flow problems and may not recover the amounts correctly.
3. Not tracking the father’s bonus days
The sharing bonus requires the father to take at least 5 days of his own. If the father does not take those days, the family loses the bonus entirely. Employers should confirm with both parents whether the father intends to take his portion.
4. Dismissing too early after the leave
The 15-day post-leave protection period catches employers who process dismissals immediately upon the employee’s return. Wait the full 15 days.
For more context, see our guides to annual leave entitlements in Europe and types of leave.
Frequently asked questions
How long is maternity leave in Portugal?
Maternity leave in Portugal is 120 days at 100% pay or 150 days at 80% pay. With the sharing bonus, the total can extend to 150 days at 100% or 190 days at 80% if both parents take leave.
What is the sharing bonus?
The sharing bonus is an additional 30 days at 100% (or 40 days at 80%) that the family receives if the father takes at least 5 consecutive days of paternal leave immediately after the birth. The bonus days are shared between both parents.
Who pays for maternity leave in Portugal?
Social Security (Segurança Social) pays the maternity allowance directly to the employee. The employer does not advance salary during the leave but continues to make social security contributions.
Can an employer dismiss an employee during maternity leave?
No. Dismissal is prohibited during the leave and for 15 days after the leave ends. Dismissal during this period is void unless it is completely unrelated to the pregnancy or leave.
When must the mother choose between 120 and 150 days?
At least 10 days before the expected due date. The choice is irrevocable once communicated.
Putting it into practice
Five steps cover most Portuguese maternity leave compliance:
- Remind the employee of the 120 or 150-day option deadline at least 15 days before the due date.
- Confirm the father’s leave dates to determine whether the sharing bonus applies.
- Report the leave to Social Security through your quarterly declarations so payments can be processed.
- Track the protected period — the leave plus 15 days after — and do not process any dismissal during that window.
- Assess workplace risks under Decree-Law 102/2009 and adjust conditions before the leave starts.
A leave management system that tracks the 120 or 150-day option, the sharing bonus, and the post-leave protection window keeps Portuguese employers compliant without manual calculations.
Sources
- Segurança Social — Subsídio parental (primary source)
- Portuguese Labour Code, articles 39–40
- Decree-Law 102/2009 — Health and safety for pregnant workers
Last updated: 26 July 2026. This article is general information, not legal advice. Social Security ceilings and contribution rules change annually — confirm current figures with Segurança Social and a qualified Portuguese employment adviser.