Parents on hold: when will we have parental leave tailored to families?

Lately, the debate around parental leave has gained prominence in our country, reflecting the urgent need for greater reconciliation between professional and family life. 

The future of parental leave in Portugal: what to expect?

The alert regarding the issue of parental leave arose on August 1, 2023, with the admission of Draft Law No. 855/XV/1st, signed by 24 thousand citizens, which proposed the extension of parental leave and changes to the legal regime of social protection in parenthood. Approved in general in September 2024, the project ended up not being debated in detail due to the scenario of national political crisis, which caused the proposal to "die." Nevertheless, the responsible group has already announced the intention to relaunch the initiative.

But what is, after all, the current parental leave regime in Portugal? And in Europe?

Currently, initial parental leave can be 120 days (with 100% of the reference remuneration (RR)) or 150 days (with 80% of the RR). In cases where each parent takes at least 30 consecutive days, or two periods of 15 equally consecutive days, the aforementioned leave is increased by 30 days, being in a 150-day leave, paid at 100% of the RR; and in a 180-day leave, 83% of the RR. A final option is to take a 180-day leave, in which the father takes at least 60 consecutive days or two periods of 30 consecutive days, in addition to the father's exclusive parental leave, with the allowance being 90% of the RR.

In Europe, countries such as Sweden lead the “ranking”, with parental leave of 480 days, freely distributed between both parents, of which 390 days are paid according to salary, and in the remaining 90, they receive 180 SEK per day. From July 1, 2024, up to 45 days of the leave may be transferred to other people, such as grandparents, siblings or friends.

In Spain, the leave is 16 weeks, paid at 100%, of which 6 are mandatory and the remaining 10 may be taken within 1 year from the child’s birth. Recently, the Government proposed an extension of the leave to 20 weeks, a measure that may come into force shortly, according to the Spanish press.

In France, the mother is entitled to a 16-week leave, which begins 6 weeks before the expected delivery date and ends 10 weeks after that date. The father is entitled to a mandatory 3-day birth leave and a 25-day paternity leave. The allowance to which parents are entitled is calculated based on the average remuneration of the last 3 months, dividing that amount by 91.25 (days), although there is a ceiling defined annually.

It is clear, based on this analysis, that Portuguese legislation shows room for improvement, not only regarding the duration of the leave but also in terms of its flexibility.

What did the Draft Law propose? Does it present the most appropriate solutions?

The mentioned Draft Law aimed at the following changes: provision of an initial parental leave of 180 or 210 consecutive days, which could be taken simultaneously by the parents between 180 and 210 days, with the same duration applicable in case of adoption of a child under 15 years old. Regarding the initial parental allowance, the proponents suggested that references to 120 days be replaced by 180, to 150 days by 210, and to 180 days by 240, excluding, however, the possibility of receiving an allowance of 90% of the RR.

The Statement of Reasons highlighted the need to adopt policies that encourage birth rates, reinforce work-family balance, and respond to WHO recommendations, which advise exclusive breastfeeding up to 6 months, emphasizing the multiple benefits resulting from it.

In favor of the proposed measure, arguments arise such as the extended time for adaptation to parenthood, the positive impact on child development, the promotion of longer breastfeeding (which will translate into health and budgetary gains in the medium and long term – fewer worker absences and fewer medical expenses for parents), and the potential savings related to the Creche Feliz measure.

On the other hand, it is criticized for the significant investment it would entail from the State, the risk of increased unemployment of parents with precarious jobs, and the negative impact on small businesses. The Minister of Labour also warned that the extension of the leave could increase gender inequality and harm mothers in the labor market, and that alternative measures should be considered that encourage the sharing of leave more fairly between parents.

Although we understand the fears and challenges associated with a legislative change, we are of the opinion that it is necessary. The proposal under analysis is undoubtedly positive, but we believe it would be interesting to consider other possibilities that could bring benefits and mitigate the criticisms raised, such as stipulating more advantages if parents decide to share a longer period of the leave. However, without advocating for a regime that requires a fixed or even equal division of time between both parents, understanding that it should be up to families to decide freely.

To conclude, we must not neglect the importance of discussing the measures to be implemented within the scope of Social Dialogue, due to their complexity, and in order to guarantee a fair balance between the rights of workers and the needs and capacity of companies and the State.