If you are working in Portugal, then at some point you may need to be on sick leave. Not that the weather in Portugal is wetter than you thought (though), but that it's okay to get sick and sometimes essential to let your body or mind rest and heal. Whether you are an employee or a self-employed person, it is possible to take leave for medical reasons. It is important to know your rights as well as your duties with the Portuguese social security, especially when you do not master the language or the laws of your country of expatriation. In order to avoid unpleasant surprises, we have gathered the essentials of what you need to know in terms of sick leave and sick leave in Portugal. Who has the right to take sick leave ? How much do you receive health benefits in Portugal ? How to go on medical leave ? Lisbob, the expatriate assistant in Portugal, tells you all about the sick leave and sick leave in 2020.

Who has the right to sick leave in Portugal?

This is probably the most common question regarding sick leave in Portugal. At a time when labor relations are diversifying, many questions arise as to who may or may not benefit from this advantage and who is excluded from it. Portuguese Social Security provides the full list of people who are eligible for sick leave. Are eligible :

• Employees (under contract) ;

• Self-employed workers (recibo verdes or independent traders) ;

• Persons compensated for an accident at work or an occupational disease ;

• Pre-retirement workers (who work and offer discounts to the entity) ;

• Workers with voluntary social insurance.

Here is the list of people who are excluded from sick leave rights :

• People in early retirement who do not work or do not contribute to social security ;

• Retirees receiving an old age or disability pension ;

• Prisoners or beneficiaries of unemployment benefit or social unemployment benefit.

In addition, to have access to sick leave in Portugal, the worker must fulfill a number of conditions :

• Have contributed to social security for a minimum period of six months (which may or may not be consecutive) ;

• Be up to date with social security contribution payments at the end of the 3rd month before the start of the disability ;

• Have 12 days of recording of wages for the work actually performed, in the 4 months immediately preceding the month preceding the onset of disability.

How to get sick leave in Portugal?

In Portugal three types of sick leave can be granted, depending on the reason for the request. There are :

• Right to sick leave ;

• Maternity leave, child care, grandchildren ;

• Occupational disease.

When you apply for this sickness allowance, you must keep in mind that the first three days of the established period are not taken into account if you are an employee: this is the waiting period. This means that short sick leaves are not paid, even partially. If you are self-employed and a beneficiary covered by the voluntary social insurance scheme, this waiting period increases to 30 days.

However, exceptions are made for this rule. In the event of outpatient surgery, hospitalization, tuberculosis or illness beginning during the period of granting of parental allowance and, insofar as it is defined in the certificate of temporary invalidity, sick leave must be paid from the first day.

In the event of illness or invalidity, the family doctor issues a temporary invalidity certificate (CIT), which will be duly transmitted to the three important parties, namely social security, the employer and the worker. Since information on the disease is transmitted electronically by the health services to the social security services, the beneficiary does not have to submit documents. From the data received, the social security services check the conditions for granting the subsidy and make their payment, if necessary.

In the event that the certificate is made manually by the doctor (this is still done in small towns and villages), the health services will give the beneficiary the original CIT, which he must then send to Social Security as soon as possible. five working days from the date of issue.

What is the amount of sick leave compensation

In Portugal workers on sick leave receive compensation. The amount to be received depends on the length of your sick leave and can vary between 55% and 75% of the employee's basic compensation.

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Here are the different levels of sickness benefit in Portugal :

• Duration up to 30 days : the employee receives 55% of the basic value of his remuneration ;

• Between the 31st and the 90th day : the value increases to 60% ;

• Between the 91st and the 365th day : 70% ;

• In cases of more than 365 days, the employee can receive a total of 75% of the reference compensation.

In case of tuberculosis, this situation turns into :

• 80% of the basic value of your remuneration when you have up to two dependents in your household ;

• 100% of the value of the basic remuneration, when there are more than two dependents in the household.

Is it possible to take vacation after sick leave?

According to article 244 (1) of the Portuguese Labor Code, "the leave is not started or suspended when the worker is temporarily prevented by an illness or any other fact which is not attributable to him, provided communication with the employer. Therefore, no worker has to spend vacation days to receive treatment. In addition, if you fell ill on vacation, you must report it to the employer and the vacation is suspended. After low and unused vacation days can be rescheduled. 

Maximum duration of sick leave in Portugal

Sick leave in Portugal has, in most cases, a maximum duration defined by social security of 1095 days. For self-employed workers and scientific research fellows, the deadline is 365 days. Workers with tuberculosis have no time limit to take sick leave. In the case of extended sick leave, you may be called to a medical committee to assess whether you are still entitled to compensation. Here, three doctors analyze the degree of disability to confirm whether they are fit for work. 

Obligations of workers on sick leave

In Portugal you cannot leave your home as you wish if you are on sick leave. An employee on sick leave must comply with the rules or else their rights may be suspended. Patients can only leave their home for medical care or between 11 a.m. and 3 p.m. and 6 p.m. and 9 p.m. The worker must also undergo medical examinations each time he is called up by the Disability Verification Service (SIV), which verifies the veracity of the illness or the incapacity for work.

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