When a pet becomes sick, many owners face a practical difficulty: taking them to the vet, ensuring follow-up care or staying home in an unexpected situation. Doubts frequently arise at work, especially when there is no immediate alternative to providing assistance to the animal.
According to , the general rule is that the CLT does not provide for a specific license for caring for pets. In other words, the situation is not treated in the same way as assistance to children or other family members.
Animals have legal protection, but there is no specific work license
Portuguese law recognizes animals as “living beings endowed with sensitivity”, making it clear that they are not treated as simple things. Still, this recognition did not, in and of itself, create an automatic right to miss work to care for a dog, cat or other pet.
Contrary to what happens with assistance to children or family members, provided for in article 49 et seq. of the CLT, there is no equivalent standard for pets. Therefore, if the dog becomes sick, the worker does not, as a rule, have justified absence and pays based solely on that situation.
This means that being absent without warning or without authorization can create employment problems. The safest solution is to always communicate the situation to the employer and find an agreed way to resolve the problem.
Absence can be authorized, but is normally not paid
Although there is no specific license, the worker can try to obtain authorization from the employer to take time off. The Labor Code allows absences authorized by the employer, under article 249, no. 2, subparagraph g). In practice, this means that the company can accept the absence, preventing the absence from being treated as unjustified. However, there is an important difference: authorization to be absent does not automatically mean that the day is paid.
According to the explanation cited by Notícias ao Minuto, these authorized absences determine the loss of remuneration, in accordance with article 255, § 1, unless the employer voluntarily decides to pay for that day. Thus, the worker may be able to be absent without disciplinary penalty, but, as a rule, he loses the amount corresponding to the period in which he did not work.
Vacation or teleworking may be alternatives
Another possibility is to ask for a vacation day to be scheduled for the same day, even if unforeseen. This solution always depends on the company, as booking vacations follows the rules set out in the CLT and requires compatibility with the organization of the service. There may also be a temporary teleworking solution, if the worker’s functions allow it and the employer accepts it. This alternative can be useful when the person needs to stay close to the animal, but is able to continue carrying out their professional tasks from home.
Still, none of these options work automatically. Both scheduling vacations and teleworking depend on the employer, except for specific situations provided for by law that do not apply, as a rule, to caring for pets.
What should the worker do
When faced with an urgent situation with a sick animal, the first step should be to notify the employer as soon as possible. Explaining the situation, indicating how much time may be needed and proposing a solution helps to avoid conflicts and find a practical answer. Possibilities include asking for permission to be absent, accepting the loss of pay for that day, using a vacation day or trying to work remotely. The best option will depend on the urgency, the role performed, the company’s internal policy and the employer’s availability.
The practical answer is this: if your dog gets sick, you can try to miss work with the company’s authorization, but the law does not provide for specific leave for this purpose. And, unless the employer decides in favor, the day is not paid.
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