Portuguese paternity leave starts with a deceptively simple number: 5 working days. That is the mandatory minimum every father is entitled to from the moment of birth or adoption. But Portugal layers extended options on top — 20 or 25 additional days depending on how the parents share leave — that make the system far more generous than the headline figure suggests.
This guide covers Portuguese paternity leave in 2026: the mandatory 5 days, the extended paternity leave options, how Social Security pays the benefit, the employer notification requirements, and what changes when parents choose to share leave time.
Key takeaways
- Every father is entitled to 5 consecutive working days of paternity leave from the birth or adoption of a child, under Law No. 7/2009.
- If the father takes all 5 days immediately after the birth, the leave extends to 20 consecutive days.
- If the parents equalise parental leave (split the shared leave evenly), the father receives 25 consecutive days of paternity leave.
- The benefit is paid at 100% of the reference salary by Social Security (Segurança Social).
- The father must notify the employer in writing at least 5 days before the leave begins.
- Paternity leave cannot be deferred beyond the child’s first birthday except in specific medical circumstances.
The mandatory 5-day leave
Under article 39 of Law No. 7/2009, every father is entitled to 5 consecutive working days immediately following the birth of a child. This leave is individual and non-transferable — it cannot be assigned to the mother or another person.
The 5 days are counted from the day after the birth and include any weekends or public holidays that fall within that period. The employee returns to work on the first working day after the 5-day period ends.
For adoptive parents, the same 5-day entitlement applies from the date the adoption becomes effective or from the date the child is placed with the adoptive family.
Extended paternity leave options
Portugal’s system offers two levels of extended paternity leave that go well beyond the 5-day minimum:
20-day extended leave
If the father takes all 5 mandatory days immediately after the birth, the leave automatically extends to 20 consecutive working days. This is available to all fathers regardless of how the parents split the shared parental leave.
25-day equalised leave
If the parents choose to equalise parental leave — meaning they split the 120 or 150 days of shared parental leave so each parent takes an equal number of days — the father’s paternity leave increases to 25 consecutive working days. This incentive is designed to encourage a more equal distribution of caregiving from the earliest days.
The 25-day option requires the parents to have made the equalisation choice and to have notified Social Security accordingly. The notification to the employer should reference the equalised leave arrangement.
| Scenario | Mandatory days | Extended total | Pay rate |
|---|---|---|---|
| Father takes 5 days only | 5 | 5 | 100% |
| Father takes all 5 days immediately | 5 | 20 | 100% |
| Parents equalise shared leave | 5 | 25 | 100% |
How Social Security pays the benefit
The paternity leave benefit is paid by Segurança Social (Portuguese Social Security) at 100% of the employee’s reference salary. The reference salary is calculated based on the employee’s remuneration in the 6 months preceding the leave.
To claim the benefit, the father must provide:
- A birth certificate or declaration of live birth issued by the civil registry.
- A medical certificate confirming the birth date.
- The employer notification confirming the leave dates.
- A declaration of equalisation if claiming the 25-day option.
Social Security typically processes the payment within 30 days of receiving the complete documentation. During that period, the employer may advance the salary and seek reimbursement.
The benefit is subject to normal social security contributions and tax withholding. There is no ceiling specific to paternity leave — the general Social Security benefit ceiling applies.
Employer notification requirements
The father must notify the employer in writing at least 5 working days before the leave begins. The notification must include:
- The expected date of birth or the date of the adoption.
- The start date of the leave.
- The length of leave being taken (5, 20, or 25 days).
- Whether the parents have chosen to equalise shared leave.
Employers cannot refuse paternity leave, delay it, or require the employee to take it at a different time. The leave is an individual right of the father and is not subject to employer discretion.
After the leave, the employee is entitled to return to the same position or an equivalent role with the same terms and conditions.
Deferral and timing rules
Paternity leave must be taken immediately following the birth or adoption. Unlike some countries, Portugal does not allow fathers to defer paternity leave to a later date — the leave must be continuous and connected to the birth event.
The only exception is where the child is hospitalised immediately after birth. In that case, the father may defer the leave to start when the child is discharged from hospital, provided it falls within the first 30 days after birth.
For adoption cases, the leave must begin within 30 days of the adoption being finalised or the child being placed with the family.
The shared parental leave system
Portugal’s shared parental leave (licença parental compartilhada) provides 120 days to be shared between both parents, or 150 days if the parents choose to equalise (each taking at least 30 days consecutively, with no parent taking fewer than 30 days).
The paternity leave described above is additional to this shared leave — it does not reduce the pool available for shared allocation. This means a father who takes 25 days of paternity leave still has access to his share of the 120 or 150-day parental leave pool.
There is also an exclusive 28-day period reserved for the mother immediately after birth that cannot be transferred to the father.
| Leave type | Duration | Transferable? |
|---|---|---|
| Mandatory paternity leave | 5–25 days | No |
| Shared parental leave | 120 days (or 150) | Yes, between parents |
| Exclusive mother’s period | 28 days | No |
Employer obligations at a glance
Portuguese employers have five core duties:
- Accept all paternity leave requests — there is no right to refuse or delay.
- Process the notification — confirm receipt and update payroll records.
- Advance salary if needed — pay the employee during the leave period and seek reimbursement from Social Security.
- Hold the position — the employee returns to the same role or an equivalent position.
- Maintain records — retain leave documentation for the statutory period in case of a Social Security audit.
Common pitfalls
1. Forgetting the 5-day notification window
Fathers who do not notify the employer at least 5 working days in advance may face administrative delays in processing the benefit. Start the conversation early, even before the expected due date.
2. Not claiming the extended 20 or 25 days
Many fathers default to 5 days because they do not know the extended options exist. Inform eligible employees about the 20-day and 25-day options during pregnancy planning conversations.
3. Mixing up paternity leave and shared leave
Paternity leave and shared parental leave are separate entitlements. Confusing them leads to incorrect leave balances and potential disputes.
4. Deferring paternity leave beyond the birth window
Unlike shared leave, paternity leave cannot be deferred. Fathers who miss the window lose the entitlement.
5. Failing to document the equalisation choice
If the parents have equalised their shared leave, the father must provide documentation to the employer. Without it, only the 20-day extended leave applies, not 25.
For more EU leave context, see our guides to annual leave entitlements in Europe, the main types of leave employers manage, and absence management best practices.
Frequently asked questions
How many days of paternity leave are fathers entitled to in Portugal?
Fathers are entitled to a minimum of 5 consecutive working days. If they take all 5 days immediately after the birth, the leave extends to 20 consecutive days. If the parents equalise shared parental leave, the father receives 25 consecutive days.
Is paternity leave paid in Portugal?
Yes. Social Security pays the paternity leave benefit at 100% of the employee’s reference salary, calculated from the 6 months of earnings before the leave begins.
Can an employer refuse paternity leave?
No. Paternity leave is an individual legal right and employers cannot refuse, delay, or reschedule it. The employer’s role is to accept the notification and process the benefit claim.
Can paternity leave be deferred to a later date?
No. Paternity leave must be taken immediately following the birth or adoption. The only exception is hospitalisation of the child within the first 30 days after birth, which allows deferral to the discharge date.
Do fathers lose shared parental leave if they take paternity leave?
No. Paternity leave is additional to the shared parental leave pool. A father who takes 25 days of paternity leave retains access to his share of the 120 or 150-day shared leave.
Putting it into practice
Three steps cover most Portuguese paternity leave risk:
- Build a due-date tracking workflow that triggers the 5-day employer notification at least 2 weeks before the expected date.
- Configure leave types separately — mandatory paternity, extended paternity, and shared parental — so each is tracked and paid correctly.
- Confirm the equalisation choice with both parents before processing the 25-day option, and keep the documentation on file.
A leave management system that tracks paternity leave entitlements separately from shared parental leave, automates the Social Security benefit claim, and alerts you to the 5-day notification window keeps you compliant from day one.
Sources
- Law No. 7/2009 — Labour Code, Article 39 (primary source)
- Segurança Social — Parental benefits
- DGERT — Labour inspectorate guidance on parental leave
Last updated: 26 July 2026. This article is general guidance, not legal advice. Confirm current entitlements with Segurança Social and your collective bargaining agreement before making decisions.