{"id":1007,"date":"2026-10-02T18:02:19","date_gmt":"2026-10-02T18:02:19","guid":{"rendered":"https:\/\/borderlessadvice.com\/?ba_guide=sick-leave-portugal"},"modified":"2026-10-02T18:02:19","modified_gmt":"2026-10-02T18:02:19","slug":"sick-leave-portugal","status":"publish","type":"ba_guide","link":"https:\/\/borderlessadvice.com\/?ba_guide=sick-leave-portugal","title":{"rendered":"Sick leave in Portugal: reporting sick, baixa m\u00e9dica and disputes"},"content":{"rendered":"

If you are too ill to work in Portugal, there are two separate questions: how you justify the absence to your employer<\/strong>, and whether Social Security pays sickness benefit<\/strong>. Do not assume that telling a colleague you are ill, obtaining a medical document, and receiving sickness benefit are all the same procedure.<\/p>\n

If you wake up sick: what to do<\/h2>\n
  1. Tell your employer as soon as possible.<\/strong> For an unexpected illness, Article 253 of the Labour Code requires communication as soon as possible. Use the normal company channel, but keep written evidence such as email, HR portal confirmation or a message.<\/li>
  2. Say that you are unable to work and give the expected duration if known.<\/strong> You do not need to turn a routine sickness notification into a detailed medical history.<\/li>
  3. Get the appropriate proof.<\/strong> For a very short illness, an SNS24 self-declaration may be available. If a doctor certifies temporary incapacity, the usual document is the Certificado de Incapacidade Tempor\u00e1ria<\/em> (CIT), commonly called a baixa m\u00e9dica<\/em>.<\/li>
  4. If the absence continues, update the employer.<\/strong> Article 253 expressly requires communication again where the absence immediately continues beyond the period previously communicated.<\/li>
  5. Keep the evidence.<\/strong> Save your notification, proof\/CIT information, any employer reply and later payslips.<\/li><\/ol>\n

    How quickly must you report sick?<\/h2>\n

    Article 253<\/strong><\/a> says a foreseeable absence is communicated at least five days beforehand. Illness is often not foreseeable, so where that notice cannot be given the employee must communicate the absence as soon as possible<\/strong>. Failure to comply can cause the absence to be treated as unjustified.<\/p>\n

    Your contract, collective agreement or workplace rules may specify a practical reporting channel such as calling a manager or using an HR system. Follow that process where reasonable, but retain proof that you reported the absence.<\/p>\n

    What proof can your employer ask for?<\/h2>\n

    Under Article 254<\/strong><\/a>, the employer can require proof of the reason for the absence within 15 days after you communicate it, with the worker then given a reasonable period to provide that proof. Illness can be proved by a declaration from a hospital or health centre, an eligible digital health service, or a medical certificate. The law also permits medical verification under the applicable procedure.<\/p>\n

    Up to 3 days: SNS24 self-declaration<\/h2>\n

    For illness lasting no more than three consecutive days<\/strong>, Article 254 permits an autodeclara\u00e7\u00e3o de doen\u00e7a (ADD)<\/strong> through the SNS digital service, under a declaration of honour. It can be used only twice per calendar year<\/strong>. The SNS24<\/a> service is therefore useful for short illnesses that do not require a medical consultation simply to justify the absence.<\/p>\n

    An ADD justifies the absence<\/strong>; do not automatically read that as a promise that Social Security will pay those days. Sickness-benefit entitlement has its own rules.<\/p>\n

    Longer illness: baixa m\u00e9dica \/ CIT<\/h2>\n

    Where a healthcare professional certifies that you are temporarily unable to work, the key document is the Certificado de Incapacidade Tempor\u00e1ria para o Trabalho (CIT)<\/strong>, commonly called a baixa m\u00e9dica<\/em>. The official gov.pt sickness-benefit service<\/a> explains that recognised healthcare services normally transmit the CIT electronically to Social Security. Check your SNS24\/health information and employer procedure rather than assuming every system has updated instantly.<\/p>\n

    Who pays while you are sick?<\/h2>\n

    A justified sickness absence does not necessarily mean the employer continues normal salary for every absent day. Article 255<\/a> specifically provides for loss of employer remuneration for sickness absence where the worker is protected by a Social Security sickness regime. The sickness benefit (subs\u00eddio de doen\u00e7a<\/em>)<\/a> is the separate Social Security mechanism intended to compensate qualifying temporary loss of earnings.<\/p>\n

    Eligibility, waiting periods, payment percentages and duration depend on the worker and the type\/duration of incapacity. Use the current gov.pt and Seguran\u00e7a Social<\/a> information for the actual claim rather than assuming \u201csick leave = full salary\u201d.<\/p>\n

    Do you have to tell your employer your diagnosis?<\/h2>\n

    The employment issue is normally whether there is a justified incapacity\/absence, not giving a manager unrestricted access to your medical history. Provide the legally required proof and follow occupational-health requirements where applicable. If an employer asks for detailed medical information that seems unnecessary, ask why it is required and consider obtaining advice before disclosing sensitive health information.<\/p>\n

    If your employer says the sick leave is not valid<\/h2>\n
    1. Ask for the objection in writing.<\/strong> Is the employer saying you notified too late, the document is insufficient, the dates are wrong, or the absence is being treated as unjustified?<\/li>
    2. Check Articles 253\u2013255 and your evidence.<\/strong> Keep the original notification, ADD\/CIT or other proof, extensions, HR messages and payslip.<\/li>
    3. Reply in writing.<\/strong> State when you reported the illness, what proof you supplied and what correction you are asking for. Attach copies rather than surrendering your only evidence.<\/li>
    4. Do not ignore a formal verification request.<\/strong> Article 254 allows illness to be medically verified under the applicable rules; unjustified refusal can have consequences.<\/li>
    5. Escalate an employment-law dispute.<\/strong> If the employer still records a valid absence as unjustified, makes an improper deduction, threatens discipline or otherwise breaches labour rules, contact the Autoridade para as Condi\u00e7\u00f5es do Trabalho (ACT)<\/strong><\/a>. A union or Portuguese employment lawyer can be appropriate for a serious or disciplinary dispute.<\/li><\/ol>\n

      If you disagree with the doctor or Social Security instead<\/h2>\n

      That is a different dispute from disagreeing with your employer. If the problem is the medical assessment, duration of incapacity, termination of the CIT or a Social Security sickness-benefit decision, use the review\/complaint route identified by the relevant health service or Social Security decision. ACT deals with employment conditions; it is not the body that decides whether you are medically incapacitated or calculates a Social Security benefit.<\/p>\n

      Can you be dismissed for being sick?<\/h2>\n

      Being genuinely ill does not turn a justified absence into misconduct. However, sickness does not create an unlimited shield against every lawful way an employment relationship can end, and fraudulent medical evidence is serious: Article 254 expressly treats a fraudulent medical declaration as a false statement relevant to dismissal for just cause. If sickness is being used as the stated or suspected reason for dismissal or retaliation, get individual advice quickly. Guide #45 covers dismissal and redundancy in detail.<\/p>\n

      Practical sickness checklist<\/h2>\n