Employment, Social Affairs & Inclusion

Portugal - Maternity, paternity and adoption benefits

This chapter contains covers benefits granted in Portugal to the beneficiaries of social security in the case of maternity, paternity and adoption.

In what situation can I claim?

For benefits:

  • Employees;
  • Self-employed workers;
  • Beneficiaries of the voluntary social security scheme.

For social benefits:

  • Beneficiaries who have not paid social security contributions or contributions to another compulsory social insurance scheme or beneficiaries who have paid contributions but have not satisfied the conditions for accessing benefits.

What conditions do I need to meet?

 For benefits, claimants must:

  • Have paid social security contributions for a minimum period of six calendar months (the minimum qualifying period), whether consecutive or aggregate, by the date when they are unable to work.
  • When counting the six months, periods where there are contribution records in other social insurance schemes that cover this type of social insurance, whether national or foreign, will be taken into account, as long as they do not overlap;
  • Take up the corresponding unpaid leaves, absences and releases from duty for the period set out in the Labour Code or for equivalent periods;
  • Have paid social security contributions for the quarter immediately preceding the month in which they cease work due to the birth of a child, in the case of self-employed workers or in the case of those covered by the voluntary social security scheme.

For social benefits, claimants must:

  • Be resident in Portugal (or the equivalent);
  • Not have moveable assets greater than € 105,314.40 (240 times the IAS [Social Support Index);
  • Have monthly earnings per household member below € 351.05 or, in other words, less than 80% of the IAS.
  • Monthly earnings per household member are calculated by adding all the monthly earnings in the claimant's household and then dividing this by the number of household members, in accordance with a different weighting for each member.

What am I entitled to and how can I claim?

 Initial Parental Benefit [Subsídio parental inicial]

Granted for a period of up to 120 or 150 consecutive days, according to the parents' choice, without prejudice to the rights of the mother. Both parents may take the period between 120 and 160 days at the same time. If the baby is stillborn, then the entitlement is only 120 days.

The 120 days or 150 days may be extended by 30 days in the case of:

  • Shared leave, provided that each parent takes leave of 30 consecutive days or two periods of 15 consecutive days after the compulsory leave reserved for the mother (42 days).

The benefit is extended by 30 consecutive days per child in the case of multiple live births.

If the initial parental leave is not shared, and without prejudice to the rights of the mother (compulsory six weeks leave), the Initial Parental Benefits may be granted to the father if he requires them and provided that the mother works and does not require these benefits.

If no declaration of shared leave has been submitted, then the entitlement to the Initial Parental Benefits is attributed to the mother.

The parental benefit is extended by 30 days maximum if the child is hospitalized for special medical care. If childbirth takes place before the 34th week of pregnancy, the parental benefit is increased by the total duration of the hospital stay plus 30 days after discharge. Initial Parental Benefits Reserved for the Mother [subsídio parental inicial exclusivo da mãe]

Granted to the mother for a period of up to 72 days, encompassing:

  • A maximum of 30 days' voluntary leave prior to childbirth;
  • 42 days (six weeks) compulsory leave after childbirth.

These periods are included in the entitlement period corresponding to Initial Parental Benefits.

Initial Parental Benefits Reserved for the Father [subsídio parental inicial exclusivo do pai]

Compulsory leave granted to the father for a period of:

  • 20 working days, encompassing:
    • 5 consecutive days immediately after the birth of the child;
    • 15 days, consecutive or not, during the 6 weeks following the birth of the child;
  • Voluntary leave of 5 working days, consecutive or not, as long as these days are taken after the 15 day compulsory leave and during the period for which the mother has been granted the Initial Parental Benefits.

The father is not entitled to this period of voluntary leave if the child is stillborn.

In the case of multiple births, each 20- or 5day period is extended by 2 days for each live birth after the first birth, and these additional days must be taken immediately after each of those ten-day periods.

Initial Parental Benefits in the Event of One of the Parents Being Prevented from Taking Leave [subsídio parental inicial de um progenitor em caso de impossibilidade do outro]: are granted, for the remaining period of initial parental leave not yet taken, in the case of medically-certified physical or mental incapacity, whilst it lasts, and in the case of death.

Extended Parental Benefits [subsídio parental alargado]: are granted for a period of up to three months, if the child requires assistance, provided that it is taken immediately after the entitlement period corresponding to the Initial Parental Benefits or to the Extended Parental Benefits of the other parent.

Adoption Benefits [subsídio por adoção]: are granted to parents adopting a child under 15 years of age, Children of the spouse that is or partner do not count. The benefit corresponds (adapted as necessary) to the Initial Parental Benefits and to the Extended Parental Benefits.

Benefit amounts

The benefit amounts are calculated by multiplying the beneficiary's reference income by a certain percentage:

Benefits

Duration

% of reference income

Initial Parental/Adoption

120 days

100%

150 days

80%

Initial Parental Shared/Adoption

150 days (120+30)

100%

180 days (150+30)

83%

Extended Parental/Extended Adoption Leave

Up to 3 months

25%

Minimum rate: the minimum rate of payable daily benefits X is € 11.70 (corresponding to 80% of one-thirtieth of the IAS).

The value of the IAS is € 438.81.

For the purposes of social protection, the periods for which the parental benefits are granted equate to periods worked.

The amounts of the social benefits (subsídios sociais) are calculated by multiplying the beneficiary's reference income by a certain percentage:

Social benefits

Duration

% of IAS

Initial Parental/Adoption

120 days

80% (€ 11.70 per day)

150 days

64% (€ 9.36 per day)

Initial Parental Shared

150 days (120+30)

80% (€ 11.70 per day)

180 days (150+30)

66% (€ 9.65 per day)

Social protection for maternity, paternity and adoption also encompasses the following benefits:

Benefit for Clinical Risk during Pregnancy [subsídio por risco clínico durante a gravidez]: granted on confirmation of a medically-certified clinical risk to the pregnant mother or to the child that impedes the mother from working.

Benefit to go to a hospital away from the island where the pregnant woman resides [subsídio por deslocação a unidade hospitalar fora da ilha de residência da grávida]: granted in case of unavailability of technical and human resources on the island of residence.

Benefit for Termination of Pregnancy [subsídio por interrupção da gravidez]: granted when termination of pregnancy impedes the mother from working; this impediment must be medically-certified.

Benefit in Case of Particular Risks [Subsídio por riscos específicos]: granted to pregnant women or women who have recently given birth and are breastfeeding when they work night-shifts or work in positions where they are exposed to agents, processes or work-conditions that pose a risk to their security and health.

Benefits for the Care of a Child (in Case of Illness or Accident) [Subsídio para assistência a filho (em caso de doença ou acidente)]: granted when the child needs essential and undelayable care.

Benefit for the Care of a Child with a Disability or a Chronic Illness or Cancer [subsídio para assistência a filho com deficiência, doença crónica ou doença oncológica]: granted when a parent is impeded from working owing to the need to take care of a child who lives with the beneficiary.

Benefit for the Care of a Grandchild [subsídio para assistência a neto]: granted to grandparents in two cases: following the birth of a grandchild who lives in the same household as the beneficiary and who is the child of an adolescent under 16 years of age, or for the care of a grandchild who is a minor or of a grandchild, irrespective of age, if he or she has a disability or chronic illness, if the parents work and cannot take care of the child.

The benefit for the birth of the grandchild is either granted exclusively to one grandparent or shared between the grandparents.

The Benefits for the Care of Grandchildren are granted to the grandparents when the parents are working and are unable to help to take care of the child and they do not intend to claim their entitlement.

Benefits

Duration

Daily amount as a percentage of the reference income (RI)

For Clinical Risk during Pregnancy

For the period deemed necessary to prevent the risk.

100% of RI

For Termination of Pregnancy

Variable period between 14 and 30 days.

For Particular Risks

During the period necessary to prevent the risk and whilst the employer is unable to assign other tasks to the woman at risk.

For the Care of a Child

Children under 12 years or irrespective of age in the case of children with disabilities or chronic illnesses: a maximum period of 30 days, consecutive or not, in each calendar year or during the period of hospitalisation.

Children over 12 years: a maximum period of 15 days, consecutive or not, during each calendar year.

For the Care of a Child with a Disability or Chronic illness or Cancer

Up to six months, extendable up to a limit of four years.

65% of RI - with a maximum monthly rate of two times the IAS

For the Care of a Grandchild

Birth: 30 consecutive days after the birth.

100% of RI

Care of a grandchild who is a minor or care of a grandchild, irrespective of age, if he or she has a disability or chronic illness: for a period corresponding to the remaining leave not taken by the parents.

65% of RI

The amount of social benefits paid for clinical risk during pregnancy, for the need for the pregnant woman to go to a hospital unit away from the island where she resides, for termination during pregnancy and for particular risks during pregnancy correspond to 80% of one-thirtieth of the IAS.

Jargon busters

IAS: Indexante dos Apoios Sociais [the social support index].

Persons equivalent to residents: the following are considered to be equivalent to residents:

  • Foreign citizens who are not covered by an international agreement or European Union legislation;
  • Foreigners with valid residence permits or extensions of stay.

Minimum qualifying period: this is the stipulated minimum period of time spent working and paying social security contributions in order to qualify for the benefits.

Reference income: this is the value used to calculate the benefit amount [for means testing]. In this case, it is the average of all salary payments declared to the Social Security Institute by the employer for the last six months (counting back from the second month prior to the month in which the impediment to work commenced), excluding holiday or Christmas bonuses or any other similar payments.

Forms you may need to fill in

  • RP5049-DGSS: Claim for Parental Benefits
  • RP5050-DGSS: Claim for Adoption Benefits and Extended Adoption Benefits
  • RP5051-DGSS: Claim for Benefits for Clinical Risk During Pregnancy, for Termination of Pregnancy and for Particular Risks and to go to a hospital away from the island where the pregnant woman resides
  • RP5052-DGSS: Claim for Benefits for Care of Children
  • RP5053-DGSS: Claim for the Care of a Child with a Disability or a Chronic Illness or Cancer
  • RP5054-DGSS: Claim for Benefits for the Care of Grandchildren
  • RP5061-DGSS: Declaration on the extension of benefit for assistance to a handicapped child or a child suffering from a chronic illness or cancer
  • RP5092-DGSS: Claim for specific allowance in case the child is hospitalized and for extended parental benefit
  • RP5003-DGSS – Claim for compensation allowance for Chrisdtmas and holiday supplements.

These forms can be found on the Social Security website.

Know your rights

The links below define your entitlements in accordance with Portuguese law. They are not European Commission links, nor do they represent the Commission's position.

Commission Publication and Website:

Who do you need to contact?

You can obtain further information on social protection in the case of maternity, paternity and adoption through one of the following:

Social Security Line: 300 502 502

Personalized service: Monday to Friday from 9:00 am to 6:00 pm, excluding public holidays

Automated reply system: 24/24, 7/7

From abroad: +351 300 502 502.

Social Security website: www.seg-social.pt.

Consult Segurança Social Direta [Social Security Direct].

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