This Friday marks a public sector strike, with the Common Front promising a “major” shutdown that may impact several services, notably schools. Are employees who miss work due to their children’s school closures entitled to justified absences?
“The legislation does not explicitly address this justification, but DECO PROteste believes the response should be based on the child’s age and family circumstances,” states the consumer protection organization.
Notably, the “Labor Code allows parents to miss up to 30 days a year to provide essential care to a child under 12 due to accident or illness, or without an age limit for children with chronic illness or disability.”
For “children over 12, a limit of 15 days’ absence per year is stipulated.”
Additionally: “Beyond accidents and illnesses, legislation also permits justified absences for reasons beyond the employee’s control to fulfill a legal obligation. Thus, parents have a legal obligation to provide assistance to children. Failure to do so may lead to legal actions (such as by the Commission for the Protection of Children and Young People, or Family Court intervention).”
“For these reasons, DECO PROteste argues that absence should be justified whenever the employee lacks alternative means to ensure assistance for a minor child under 12 (or without an age limit for children with chronic illness or disability), whether due to being part of a single-parent family or if the other parent is unable to provide care,” the organization concludes.
The Common Front initiates a “major strike” of the Public Administration against the Government at midnight, which it accuses of degrading working conditions and underinvesting in public services.
Lusa | 14:24 – 23/10/2025
DECO PROteste considers that, “even though there is no clear obligation for employers to accept these justifications, alternative solutions, such as teleworking, should be sought to prevent workers from being penalized during periods of school disruptions.”
Can your employer mark an absence if you’re late due to the strike?
DECO PROteste clarifies that “normally, the law allows the employer to refuse work for the remainder of the day if the delay exceeds one hour, marking the day as an absence.”
“If the delay exceeds 30 minutes, the employer may refuse work for the part of the day (morning or afternoon) in which it occurred. However, considering DECO PROteste’s stance, the absence could be justified,” according to the consumer protection organization’s website.
Are justified absences paid?
DECO PROteste explains that “even with valid reasons for justification, there are several factors that may lead to a loss of pay, and this is usually the case for justified absences due to a school strike.”
