With the arrival of school holidays, many parents face the dilemma of how to reconcile the closure of schools with professional commitments. Portuguese labor legislation provides for two mechanisms that can be used for this purpose, allowing parents to accompany their children during school breaks.
According to lawyer Maria Ramos Roque, from to lawyers, in statements to TVI, there are “two mechanisms” distinct provided by law: the complementary parental license and the license for child assistance. Both can be activated without approval by the employer, simply communicating to the employer.
Complementary Parental License: Up to 3 months and with remuneration
Complementary Parental License is provided for in Article 51 of the Labor Code (Law No. 7/2009, updated by Law No. 13/2023) and can be used by any of the progenitors, provided that the child is up to six years old. According to the website Informadora.pt, this license can take on different modalities: three months in a row without work, up to twelve months in half a long time, or partial combinations of the two.
This license entitles you to an extended parental allowance, paid for social security, equivalent to 25% of the reference remuneration, as defined in Decree-Law No. 53/2023. Financial support aims to compensate for the loss of income during the child care period.
Without the need for employer approval
One of the most relevant aspects is that none of these licenses depends on the acceptance of the employer. As referred to in the same source, the worker only needs to communicate in writing the intention to enjoy the license 30 days in advance.
The employer cannot refuse the request except in very specific cases, such as when both parents work in the same company and there are “imperative demands” that justify the postponement.
This mechanism offers greater predictability and safety for parents, especially during periods of teaching pause.
License for child assistance: up to two years, but without remuneration
The second possibility is the license for child assistance, regulated by article 52 of the Labor Code. According to informator.pt, it allows any parent to enjoy up to two years of license per child (or three years in the case of families with three or more children), without remuneration.
During this period, the worker cannot perform any professional activity that is incompatible with the purpose of the license, such as subordinate work or provision of services outside his usual residence.
We recommend:
Specific rules and limitations
This license can only be used if the other parent is working or prevented from exercising parental responsibilities. The absence periods are, however, considered as length of service for contributory career purposes, according to Decree-Law No. 53/2023.
According to CITE, it is necessary to submit the request 30 days in advance, indicating the expected start and end of the license.
How to communicate and enjoy the license
To benefit from any of the licenses on children’s school holidays, the worker must submit the request to the employer in a written and in advance. In the case of complementary parental, the process also requires documentation related to the household and children’s age, as explained by the Social Security portal.
The same request must clearly indicate the chosen modality and, if you intend to share the license with the other parent, must be articulated in such a way as not to exceed the legal limits.
Which to choose from the situation?
The decision between a paid but short -lived license and a longer but without financial support on school holidays will depend on the economic and professional conditions of each family. Complementary Parental, even with only 25% remuneration, can make a difference in tighter contexts, while child assistance is a long -term solution.
Both ensure that worker rights, such as seniority and contractual bond, remain protected during the absence period.
New proposals on the table? Yes, but still without force of law
According to the new government program presented in June 2025 includes the intention of creating a shared parental license with an alternative caregiver, designed to support single -padded families. However, this measure has not yet been converted into law and does not change the legal framework in force.
Also read:
