The issue of breastfeeding leave has sparked widespread discussion in recent days following controversial comments made by the Minister of Labor, Solidarity, and Social Security, Maria do Rosário Palma Ramalho. The minister mentioned being aware of alleged abuses by workers, but there is a lack of data regarding mothers who take advantage of this right.
CITE Recorded One Complaint, Unions Receive “Reports”
The Commission for Equality in Labor and Employment (CITE) reported receiving one complaint this year “filed by a woman regarding the violation of her right to breastfeeding leave,” but “did not receive any employer complaint about workers allegedly abusing that right,” stated CITE President Carla Tavares to Lusa.
However, unions continue to receive “reports” from across the country, especially in sectors with a higher presence of women, such as healthcare, hospitality, retail, and industry. “We had several examples of limitations and even extreme situations” where workers were prevented from using breastfeeding leave, said Fátima Messias, coordinator for the Commission for Gender Equality of CGTP-IN, citing an “extreme situation” where “employers wanted to force women to express milk to prove they still had it for their children.”
ACT Records a Dozen Infractions
The Authority for Working Conditions (ACT) identified “10 irregularities leading to companies being fined for non-compliance with the rights of workers to breastfeed and made 13 warnings to employers in the last five years,” according to data provided to Notícias ao Minuto and Lusa.
In 2023, no company was fined, but warnings for “violations of legal norms” were issued, although the figures for 2024 and this year remain provisional.
ACT also emphasized that “following its inspection activities, consistent with its mission, other consequences, such as criminal charges (like potential fraud), are beyond ACT’s purview,” according to Notícias ao Minuto.
Government Unaware of How Many Mothers Have Reduced Schedules
The declaration on breastfeeding leave, submitted by mothers, remains within the company and is not communicated to any other entity. This means the government is unaware of how many workers have reduced schedules.
The declaration on breastfeeding leave, submitted by mothers, remains within the company and is not communicated to any other entity. This means the government is unaware of how many workers have reduced schedules.
Beatriz Vasconcelos | 11:02 – 06/08/2025
“Regarding data requests, it is important to clarify that the leave is granted and handled directly by the employers,” an official source from the Ministry of Labor told Notícias ao Minuto when asked about the number of mothers with reduced work hours in Portugal.
Therefore, the workers breastfeeding submit a medical statement to their employer, which justifies their absence of two hours from work should an inspection by the Authority for Working Conditions (ACT) occur, according to Notícias ao Minuto.
This document remains with the company and is not relayed to any other entity. As such, these numbers do not reach the government.
Former Labor Minister José António Vieira da Silva emphasized this same point: “The minister’s statement is perhaps even more incomprehensible than the text of the bill, as the justification is unfortunate and rushed. I would even say reckless because, without the data—and it is very difficult to have them since it is a relationship between the company and the worker—it casts a shadow over those benefiting from this measure,” said Vieira da Silva in an interview with Antena 1.
Last month, the government approved several changes to the Labor Law in the Council of Ministers, especially concerning breastfeeding leave.
Currently, there is no set time limit for breastfeeding, but the executive wants to limit it to two years and require a medical certificate every six months.
Lawyers consulted by Notícias ao Minuto argue that “there are losses of rights for workers, particularly for women, with the draft law of the XXI Executive of Luís Montenegro. Check three points.
Beatriz Vasconcelos | 07:50 – 07/08/2025
In an interview with TSF and Jornal de Notícias, the Minister of Labor, Solidarity, and Social Security stated there are abuses by some workers using breastfeeding leave to work fewer hours.
These remarks were strongly contested by associations and unions, who argued that the issue lies with the employers, asserting that many workers still do not use the reduced schedule for fear of retaliation.
