Meet the Law - The absences and the schools closure

Decree-Law No. 101-A/2020, of November 27

Exceptional and temporary regime of justified absences motivated by family assistance, resulting from the suspension of teaching and non-teaching and formative activities, in the scope of the COVID-19 disease pandemic. 

Are the absences of employees with children who are not dismissed by the employer on November 30 and December 7 justified?

Yes, due to the suspension of teaching and non-teaching and educational activities on those days and provided they are motivated by assistance to:

• Children or other dependents under the age of 12;
• Regardless of age, with disability or chronic illness;
• Grandson who lives with the employee in communion of table and housing and who is the child of an adolescent under 16 years of age;

Can the employee opt to schedule holidays in these days?

Yes. Alternatively, the employee can schedule holidays on November 30th and December 7th, without the need to celebrate an agreement with the employer, by means of written communication.

If the employee does not have holiday’s days to enjoy and chooses to absent himself justifiably, does he lose any right?

Yes, the employee loses the right to the corresponding salary for such days, but does not lose any other right.

Even so, the loss of salary due to absences may be substituted by the renunciation of holiday days or by rendering work in addition to the normal work period, when such solution is allowed by an applicable collective labour regulation instrument.

Does the employee have to report the absence to the employer?

Yes, the absence must be communicate in the general terms.

Are these absences considered for the annual limit for absences for family care?

No. The absences are not considered within the respective annual limit for the care of children, grandchildren and/or family members.