Pregnancy is an important step in the life of the woman and the couple and is therefore protected in Portugal by law, which gives certain rights to pregnant women. As soon as she is in pregnancy and to benefit from the rights of the pregnant woman, she can and must acquire the status of pregnant worker (pregnant trabalhadora). Do you know what are the exclusive rights for pregnant women in Portugal ? How to benefit ? Bob, the Expats Personal Assistant in Lisbon and Portugal, makes you aware of the rights of the woman during pregnancy and the baby's early years.
Rights of pregnant women in Portugal: how to benefit?
To benefit from your rights, you must inform your employer that you are pregnant, in writing, on presentation of a medical certificate proving the pregnancy. Thus you will be able to activate your rights of pregnant trabalhadora (pregnant worker) and begin to benefit from it.
In order to obtain this medical certificate you just have to go to your Centro de Saude which will prescribe the necessary examinations.
The rights of pregnant women in Portugal
Once registered as a pregnant trabalhadora the Proteção na Maternalidade (Protection of Parenthood) Regime, which determines the rights of the pregnant woman, begins:
1. Entitlement to initial parental leave of up to 30 days, payable at 100% of the reference earnings, with compulsory leave of six weeks after confinement;
2. Authorization to dispense work in a situation of "clinical risk" for the pregnant worker or the unborn child during a period which, on prescription, is considered necessary to prevent the risk, without prejudice to the initial parental leave;
3. Exemption from work following a termination of pregnancy (voluntary or not) of a duration between 14 and 30 days, on presentation of a medical certificate;
4. Exemption from prenatal consultation and preparation for childbirth for the time and number of times required;
5. Exemption from work for certain tasks for their safety and health. If the employer is unable to perform other duties, the daily allowance is equal to 65% of the reference remuneration. Attention: if the mother works part-time, the exemption is reduced in proportion to her normal working hours and can not be less than 30 minutes;
6. Exemption from overtime obligations;
7. Exemption from working with different / rotating schedules according to adaptability;
8. Exemption from work during the night between 8 pm and 7 am the following day, during a period of 112 days before and after delivery, at least half of which before the scheduled date; during the remaining period of pregnancy, if it is necessary for the health of the pregnant woman or for that of the child; the worker who is exempted from night work must, as far as possible, benefit from a compatible work schedule and be "dismissed" from work whenever this is not possible.
Right to paid leave during pregnancy in Portugal
With regard to the right to paid leave, maternity leave is without prejudice to the period of leave even if it coincides with the post-delivery period: you do not lose your days off.
Rights of pregnant women in Portugal: dismissal
In the event of the initiation of the process of dismissal of a pregnant woman, it must be done for just cause (justa causa), and must be submitted to an evaluation by the Comissão para a Igualdade no Trabalho e no Emprego CITE (Commission for equality in work and employment), which has the power to cancel the dismissal in case of fault of the employer.
The pregnant woman can then ask for compensation for injury.