Labour law: Individual working time accounts and stricter breastfeeding rules expected to extend to the Public Sector

If the Government bill presented by Luís Montenegro, which amends the Labour Code, is approved by Parliament, the return of the individual working-time bank and the tightening of rules on breastfeeding leave could also have an impact on the public administration, due to references in the General Law on Public Employment (LGTFP) to private labour law. The lawyers interviewed by ECO warn of risks of greater pressure on working hours, limitations on parental rights, and an increased margin of decision for managers in the public sector.

The draft law submitted by the Government to the Assembly of the Republic amends dozens of articles of the Labour Code and related legislation, covering areas such as parental leave, remote work, working-time organisation, fixed-term contracts, and artificial intelligence.

The measure may also have repercussions in the public administration, according to Eduardo Castro Marques, founding partner of Dower Law Firm. “The LGTFP applies the Labour Code in matters of organisation and working time, explicitly including flexible working arrangements and working-time bank regimes,” he states. “If the legislator reintroduces the individual working-time bank in the Labour Code, that regime will, in principle, also extend to workers with a public employment contract,” he adds.

(...)

Breastfeeding leave becomes more limited

Another change that is generating criticism among labour law experts concerns breastfeeding and nursing leave. The proposal limits the working mother’s right to breastfeeding leave to the child’s first two years of life and introduces new documentation requirements and periodic verification.

Specifically, if the Government’s draft law submitted to Parliament is approved, workers wishing to benefit from breastfeeding leave will have to submit a medical certificate at the beginning of the leave period and renew this proof every six months. During negotiations with social partners (employers and unions), the Government had considered requiring only two medical declarations throughout the process, but ultimately stepped back from that option and chose a stricter regime.

By comparison, the current Labour Code establishes that a breastfeeding mother is entitled to leave from work for that purpose “for as long as breastfeeding lasts.” The law in force requires the worker to inform the employer, ten days in advance of the start of the leave, that she is breastfeeding her child, with a medical certificate only required if the leave extends beyond the child’s first year of life. At present, there is no requirement for periodic submission of new medical proof.

Eduardo Castro Marques recalls that the LGTFP refers to the Labour Code in matters of parental rights, meaning that “these changes may also have repercussions in public employment.”

(...)

Strengthening of shared parental leave

In terms of parental rights, the proposal foresees that initial parental leave may last up to 180 consecutive days, paid at 100%, through a combination of mandatory and optional periods shared between both parents. The bill also strengthens the father’s mandatory leave to 28 days, 14 of which must be taken consecutively immediately after birth.

In more detail, the proposal foresees that initial parental leave may last up to 180 consecutive days, through a more flexible model that is more favourable to sharing between parents. It would include: a mandatory period of 120 days; an additional 30 optional days that may be taken by either parent or shared; and a further 60-day period, provided it is split equally between father and mother.

(...)

In addition, the bill allows part of this additional period to be combined with part-time work. According to Eduardo Castro Marques, these changes will also tend to be reflected in the public administration. “The LGTFP refers to the Labour Code regime on parental rights, with the necessary adaptations,” he explains.

The lawyer considers that, if the proposal is approved, public sector workers may benefit from “an increase in the potential duration of initial parental leave,” which could reach 180 days “with payment at 100% of reference earnings.” At present, initial parental leave is only paid at 100% up to 150 days, with the remaining 30 days paid at 83% of salary, explains Madalena Caldeira, citing Decree-Law No. 91/2009 of 9 April.

Another significant change concerns the strengthening of exclusive paternity leave. The proposal now provides for 28 mandatory days within the first 42 days after the child’s birth, of which 14 must be taken consecutively immediately after birth. Currently, the law provides only seven consecutive mandatory days immediately after birth. Eduardo Castro Marques considers the change represents “an incentive for greater involvement of the working father in the early stages of the child’s life.”

The proposal also introduces new protections related to pregnancy loss. The text guarantees workers between 14 and 30 days of leave in such cases and creates the right for the father to be absent for up to three consecutive days immediately after a miscarriage.

Experts consider that these measures may strengthen work–life balance rights in public administration, but also warn of organisational challenges that may arise in public services, particularly in sectors already affected by staff shortages.

(...)

Fixed-term contracts raise concerns about increased precariousness

Another controversial change included in the Government proposal is the extension of fixed-term contracts. The bill increases the duration of fixed-term contracts from two to three years, and of indefinite-term contracts from four to five years. Although experts emphasise that the LGTFP maintains its own rules in this area, they acknowledge that these changes could create future pressure to revise the public employment regime as well.

Eduardo Castro Marques believes that, for now, there are no automatic changes in these matters, precisely because the LGTFP sets out specific rules for fixed-term contracts and service commissions.