1. Under Portuguese law the workers who breastfeed or are lactating have the right of a paid leave of absence until the child reaches one year of age, in accordance with Article 47, paragraphs 1 and 2 of the Labour Code. However, this right must be used in two different periods, with a maximum duration of one hour each, if the workers don’t have other arrangements agreed with the employer, under the provisions of paragraph 3 of article 47 of the Labour Code. So if the workers wants a different regime for breastfeeding she must notify the employer with 10 days in advance of the beginning of the dispensation under consideration under the provisions of paragraph 2 of Article 48 of the Labour Code. On the other hand, it should be noted that, with no breastfeeding, but lactating only also lies with any of the parents the right to exercise this leave of absense, applying this provision in the case of finding both workers exercising professional activities under Paragraph 2 of Article 47 of the Labour Code. Again in this situation the parent must notify the employer that with a 10 days in advance of the start of the absence. The parent must also submit to the employer document stating the joint decision. On the other hand, if the other parent enjoy equally the dispensation, the parent must declare which the dispensing period enjoyed by one. Finally, the parent must submit proof that the employee performs another occupation and, if working for others, who informed the respective employer of joint decision.
2. With regard to possible discounts on the salary of the worker, it should be noted that, as is apparent in accordance with paragraph 2 of Article 65 of the Labour Code, the exemption for nursing or lactating does not determine the loss of any rights – not even on the salary – and is considered as an effective performance of work. So the employee who benefits from exemption for nursing or lactating, under the terms and for the purposes of 47 of the Labour Code, may not see any value deducted from their salary when the rebate application is based on the period of absence at work for nursing or lactating.
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