The impact of casualties and parental licenses on vacation, holiday allowance and Christmas allowance depends on the nature of the absence and its duration. In several innovative countries, these issues are regulated differently, ensuring different protection regimes for workers.
Portuguese legislation provides that a worker is entitled to a minimum of 22 business days of vacation per year, winning on January 1, with reference to the work provided in the previous year. In the first year of contract, the holidays are granted proportionally, the ratio of two days for each full month of work, up to the limit of 20 days.
In the case of initial parental licenses, these are equated at effective working time, so they do not harm the right to vacation. Thus, the worker usually accumulates the vacation days and is entitled to all the vacation allowance paid by the employer. Regarding the Christmas allowance, the employer only pays the proportion corresponding to the effective time of service, while Social Security ensures compensatory benefits for the license period.
If a worker is low for illness for a period exceeding one month, the contract is suspended. This means that, from the year following the beginning of the downtown, there are no new vacation days, nor is there a place to pay for vacation or Christmas allowance by the employer. However, it is possible to request social security compensatory installments for these subsidies, explains, through Claudia de Azevedo Neves, lawyer at Dower Law Firm.
When a worker returns to service after a long low, the holidays are calculated as if it were the first year of contract. Thus, it is entitled to two business days of vacation for each month of work up to the limit of 20 days, and may enjoy them after six full months of work or until June 30 of the following year.
If the worker ceases the contract shortly after the end of the extended impediment, he is entitled to retribution and vacation subsidy proportional to the length of service provided in the beginning of the downtown. Additionally, the days of vacation overdue and not taken before the low is due, as well as the corresponding vacation allowance.
In the case of licenses for child care or child care with chronic disease, deficiency or cancer disease, the same regime of prolonged medicals applies. Thus, vacation count is interrupted and no new vacation days are overcome while the suspension of the contract lasts.
This regime aims to balance the protection of workers’ rights and the financial sustainability of companies. In innovative countries, differentiated solutions have been adopted to ensure greater flexibility in vacation after prolonged licenses.
The calculation of the Christmas subsidy follows the same logic of the holidays. When a worker is prolonged low or in certain parental licenses, the amount paid by the employer corresponding only to the time of service actually rendered in the calendar year in question, being possible to supplement the amount through social security.
Thus, the impact of casualties and parental licenses on vacation and subsidies depends on the specificities of each situation, and it is essential to know the applicable rights to better manage these absences.
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