Portugal is one of the few European countries where the employer pays nothing during ordinary sick leave. The obligation sits entirely with social security, and the employee bears a three-day waiting period at the start of most absences. That makes Portuguese sick leave administratively light for employers — and financially heavy for employees, which is why supplementary cover is a common benefit.
This guide covers Portuguese sick leave in 2026: the waiting period, the sliding benefit scale, the qualifying conditions, the long-term limits, and what the employer actually has to do.
Key takeaways
- Ordinary sickness benefit (subsídio de doença) is paid by Segurança Social, not the employer.
- A 3-day waiting period applies to most absences — the employee receives nothing for the first three days.
- The benefit rate rises with the length of the absence, from 55% to 75% of the reference remuneration.
- The employee must have 6 calendar months of contributions and have worked at least 12 days in the 4 months before the absence.
- Sickness benefit is capped at 1,095 days (three years) for employees.
No employer-paid sick pay
The Portuguese Labour Code treats illness as a suspension of the employment contract. The employee’s duty to work and the employer’s duty to pay are both suspended, while the employment relationship itself continues — seniority accrues, the job is protected, and annual leave entitlement is unaffected.
Nothing prevents an employer from paying a supplement, and many larger employers and multinationals do, either directly or through group health and income protection insurance. But there is no statutory sick pay obligation on the employer for ordinary illness.
The picture is different for occupational accidents and diseases, which are covered by compulsory work accident insurance the employer must hold, and which pay from day one at higher rates.
The three-day waiting period
For most absences, the employee receives no benefit for the first three days. Benefit starts on the fourth day.
The waiting period does not apply where:
- The employee is hospitalised, or the absence follows surgery in ambulatory surgery
- The absence relates to tuberculosis
- The absence begins during a period already covered by another qualifying situation
Because absences of one to three days are entirely unpaid for most employees, short-absence behaviour in Portugal differs noticeably from countries with day-one pay — employees tend either to work through minor illness or to take a longer certified absence.
The benefit scale
Sickness benefit is calculated on the reference remuneration (remuneração de referência): total earnings in the first six of the last eight calendar months before the absence, divided by 180.
The percentage applied rises with the duration of the absence:
| Duration of absence | Benefit rate |
|---|---|
| Up to 30 days | 55% |
| 31 to 90 days | 60% |
| 91 to 365 days | 70% |
| Over 365 days | 75% |
Rates are increased in defined circumstances — for example where the beneficiary has dependent children or a low reference remuneration — under the benefit’s own uprating rules. Absences from tuberculosis are paid at substantially higher rates throughout.
Qualifying conditions
Two conditions must both be met:
- Guarantee period (prazo de garantia): six calendar months, consecutive or not, with recorded remuneration.
- Index of professional status: at least 12 days of recorded work in the four months immediately before the month the absence starts.
Employees who fail the second test — common for people returning from a long gap — may find themselves with no benefit at all, which is the sharpest edge of the Portuguese system.
Certification and reporting
Incapacity is certified by the National Health Service through a certificate of temporary incapacity (Certificado de Incapacidade Temporária, CIT), issued electronically by the attending doctor.
The CIT is transmitted directly to Segurança Social. The employee must inform the employer of the absence, but the medical certificate itself does not pass through the employer. Employers should not be requiring employees to hand over the CIT as a condition of the absence being accepted — the certification chain runs doctor to state, not doctor to employer.
Employers may, however, request a verification of incapacity through the social security system where they have grounds to doubt the certificate. Segurança Social also runs its own verification checks (comissões de verificação de incapacidade).
Duration limits
Sickness benefit for employees is limited to 1,095 days — three years. Self-employed beneficiaries have a shorter limit of 365 days.
After the limit, the route is a disability pension application or a return to work following an assessment. The employment contract itself is not automatically terminated by long absence; the Labour Code sets out specific grounds and procedures for ending a suspended contract, and prolonged illness alone is not one of them.
Employer obligations
Portuguese employers have five core duties:
- Treat the absence as a contract suspension — no pay is due, but the job, seniority, and benefits attached to the contract continue.
- Report the absence in the monthly remuneration declaration so social security records are accurate.
- Keep the position open and reinstate the employee on the same terms when they return.
- Hold work accident insurance so occupational injury and disease are covered outside the sickness benefit route.
- Accrue annual leave normally — absence through illness does not reduce the employee’s holiday entitlement.
Common pitfalls
1. Assuming a group sick pay policy is required
It is not, and a global policy that pays company sick pay in Portugal is a voluntary benefit. It should be documented as such, or it becomes an acquired right that is hard to withdraw.
2. Demanding the CIT from the employee
The certificate goes from the doctor to Segurança Social electronically. Requiring the employee to produce it to the employer as a precondition misunderstands the process and adds nothing.
3. Cutting annual leave for sickness absence
Annual leave entitlement continues to accrue during a suspended contract. Prorating holiday for time on sick leave is a common and clearly incorrect deduction.
4. Treating long absence as automatic termination
The contract is suspended, not ended. Termination requires the statutory grounds and procedure; long illness on its own is not a lawful basis.
5. Confusing occupational injury with ordinary sickness
Work accidents and occupational diseases are covered by compulsory employer insurance at higher rates from day one, with no waiting period. Routing them through the ordinary sickness benefit shortchanges the employee and leaves the insurer’s cover unused.
For more Portuguese context, see our guide to annual leave entitlement in Portugal, the comparison of sick leave across Europe, and the overview of the main types of leave employers manage.
Frequently asked questions
Does the employer pay sick leave in Portugal?
No. Ordinary sickness benefit is paid by Segurança Social. The employer has no statutory sick pay obligation, though many provide a voluntary supplement.
How long is the waiting period?
Three days for most absences, with benefit starting on the fourth day. There is no waiting period for hospitalisation, ambulatory surgery, or tuberculosis.
How much is Portuguese sickness benefit?
55% of the reference remuneration for absences up to 30 days, 60% from 31 to 90 days, 70% from 91 to 365 days, and 75% beyond a year.
Who qualifies for sickness benefit?
Employees with six calendar months of recorded contributions who have worked at least 12 days in the four months before the absence begins.
How long can sickness benefit be paid?
Up to 1,095 days — three years — for employees. Self-employed beneficiaries are limited to 365 days.
Does sick leave reduce annual leave entitlement?
No. The contract is suspended, and annual leave continues to accrue as normal during the absence.
Putting it into practice
Five checks cover most Portuguese sick leave risk:
- Document any company sick pay supplement explicitly as a discretionary benefit, with its own terms.
- Configure sick leave as unpaid absence in payroll, with the supplement as a separate element if you offer one.
- Stop requiring employees to hand over the CIT — record the notified absence and let the electronic chain do its work.
- Confirm annual leave accrual is unaffected by sickness absence in your system.
- Route occupational injury through the work accident insurer, not the ordinary sick leave process.
A leave management system that records sickness absence as a contract suspension, keeps annual leave accruing through it, and separates occupational injury from ordinary illness gives Portuguese HR an accurate record without any of the payroll complexity other European systems demand.
Sources
- Segurança Social — subsídio de doença (primary source)
- Portuguese Labour Code (Código do Trabalho), Law 7/2009
- ACT — Autoridade para as Condições do Trabalho
Last updated: 26 July 2026. This article is general guidance, not legal advice. Benefit rates and qualifying conditions are subject to annual revision — confirm current figures with Segurança Social and check any applicable collective agreement (contrato coletivo).