A specific law allows employees justified absences from work due to the death of a family member. The duration of these absences depends on the degree of kinship.
The guidelines established in the Labor Code are as follows:
- Up to 20 consecutive days for the death of a spouse not legally separated or equivalent, child, or stepchild;
- Up to five consecutive days for the death of a relative or in-law in the first straight line not covered by the previous item;
- Up to two consecutive days for the death of another relative or in-law in the straight line or second-degree collateral line.
It should also be noted that the provisions of the first item apply “in the event of the death of a person living in a de facto union or common economy with the worker, according to specific legislation.”
Additionally, “violations” of the stipulated periods under the law constitute a serious offense.
Bereavement Leave Simulator
In this context, the Authority for Working Conditions (ACT) offers a simulator designed to help individuals “determine how many days they are entitled to justified absence based on the deceased family member and when to return to work.”
You can access it here.
This simulator was developed according to the legislation in effect as of 01/05/2023 (excluding legislative adaptations for the Autonomous Regions of the Azores and Madeira), does not cover situations governed by special regimes or collective bargaining instruments, and is based on ACT’s Technical Note No. 7.
“For calculating justified absence days, this simulator does not count rest days or holidays (except for schedules including work on a holiday), as employees are not required to appear at work on these days. Therefore, they cannot be counted as absence days,” according to the ACT’s website.
Furthermore, “for justified absence purposes, this simulator considers that the death of a family member postpones or suspends the enjoyment of vacations, as this event is beyond the employee’s control and prevents the enjoyment of vacation rights aimed at rest and physical recovery of the worker.”
The simulator’s content, ACT continues, “is merely indicative, and the information provided should not be used as the basis for any decision-making without qualified professional assistance relevant to the specific case, nor does it replace consulting current legal standards.”
“The results obtained are based on data entered by the user, which are their sole responsibility, and do not bind the Authority for Working Conditions,” it emphasizes.
The Authority for Working Conditions reminds that the law “establishes the employer’s duty to refrain from contacting the employee during their rest periods.” Learn what is at stake.
Beatriz Vasconcelos | 11:04 – 04/08/2025
