“The proposal from the Government in this draft allows the other parent to have a longer period of justified absence, without remuneration,” stated the Ministry of Labor, Solidarity, and Social Security (MTSSS) in response to Lusa.
A draft labor law reform, accessed by Lusa, reveals that the Government is preparing to revoke the parental leave due to gestational bereavement, which currently allows the mother to take three days off work in case of such a loss.
Currently, the Labor Code stipulates that a mother can take these three days if she does not take the leave for pregnancy termination, which grants the worker the right to be absent for between 14 and 30 days.
The bereavement leave can also be taken by the other parent or companion for up to three consecutive days, if the mother is on leave for pregnancy termination or bereavement leave.
These absences are considered justified and do not affect the worker’s rights.
Livre, BE, and PAN today accused the Government of cruelty and of attacking families by proposing the revocation of the gestational bereavement leave, calling for a “civic uprisal” against this measure.
Lusa | 13:48 – 27/07/2025
In a clarification sent on Friday, the MTSSS denied intending to prevent absence from work for gestational bereavement, clarifying that all pregnant women are entitled to a leave of 14 to 30 days in the event of pregnancy termination, “which is a more favorable regime for the pregnant woman”.
The ministry explained today that an amendment to Article 38-A of the labor code ensures there is no doubt that “in all cases of pregnancy termination, the respective leave is mandatory”.
For the other parent, the Government plans to add a clause to the pregnancy termination leave, concerning the worker’s companion, specifying that the “regime for absences to assist a family member will apply”.
According to the ministry, with this amendment “the other parent will also be entitled to be absent from work for up to 15 days, as opposed to the current 3 days,” which is said to be “more favorable compared to the current regime.”
However, the MTSSS now acknowledges that absences under the regime for assisting a family member, although justified, entail a loss of remuneration.
Lusa asked the ministry if it intends to take measures to prevent the loss of remuneration for the other parent, but did not receive a response.
