Factsheet for measure
PT-2020-48/1722
–
Updated
– measures in Portugal
Exceptional and temporary regime of justified absences to family care
Regime excecional e temporário de faltas justificadas para assistência à família
motivadas por assistência à família.
Background information
Given the evolution of the COVID-19 pandemic, the Decree-Law 101-A/2020 of 27 November 2020 makes the first amendment to Decree-Law 10-K/2020 of 26 March 2020 that establishes an exceptional and temporary regime to justified absences related to family care in the context of COVID-19 pandemic.
Content of measure
Article 2-A of Decree-Law 10-K/2020 is added as follows:
It is considered as justified the absences due to assistance to a child or other dependent under 12 years old or, regardless of age, with disability or chronic disease, as well as to a grandchild living with the worker in the same household and who is the child of a teenager aged up to 16 years old related to the suspension of teaching and non-teaching and formative activities, in the terms of n.º 1 and 4 of article 22 of Decree 9/2020 of 21 November (regulating the state of emergency between 30 November and 7 December).
The worker may also, in alternative, book holidays, with no need of agreement with the employer, to give assistance to a child.
Updates
The following updates to this measure have been made after it came into effect.
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22 January 2021
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The Decree-Law 8-B/2021, of 22 January, creates an exceptional and temporary scheme for justified absences for family reasons arising from school suspensions and interruptions, in the context of COVID-19.
Article 2 defines that absences from work shall be considered as justified, without loss of rights, except as regards remuneration, when it is due to urgent assistance to a child or other dependent under the age of 12, or, regardless of age, with a disability or chronic illness, resulting from suspension of teaching and non-teaching activities in a school establishment or social equipment of early childhood support or disability, as determined by legislation or administrative procedures from a governmental source.
Absences provided for in this article shall not count towards the annual limit provided for in articles 49, 50 and 252 of the Labour Code, approved by Law 7/2009, of 12 February, in its current wording.
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Use of measure
Workers who used the measure between March and June 2020:
179,405 employees, of which 81.3% were female employees. Average number of days: 19;
18,879 independent workers, of which 77.1% were female independent workers. Average number of days: 20;
*2,365 domestic workers, of which 99.5% were female domestic workers. Average number of days: 21.
Target groups
Actors and funding
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Actors
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Funding
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National government
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Informed
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Informed
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Form
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Not applicable
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Not applicable
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Social partners' role in the
implementation, monitoring and assessment phase:
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Social partners jointly
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Main level of involvement: Peak or cross-sectoral level
Involvement
The social partners were informed at the Standing Committee of Social Concertation.
Views and reactions
Unknown.
Sources
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06 April 2020: COVID-19 | Informação relativa a famílias e empresas no âmbito do MTSS
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27 November 2020: Decreto-Lei n.º 101-A/2020 de 27 de novembro
(dre.pt)
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22 January 2021: Decreto-Lei n.º 8-B/2021
(data.dre.pt)
