Extension of parental rights

On October 16, 2026, Law Proposal 176/XVII/1 on extending initial parental leave and the continuous workday up to the age of 12 (“Law Proposal”) was unanimously approved in parliament.

This Law Proposal introduces amendments and additions to the Labor Code; to Decree-Law 91/2009 of April 9, which establishes the legal regime on social protection for parents within the social security system and the solidarity subsystem; and to Decree-Law 89/2009 of April 9, which governs parental protection in maternity, paternity, and adoption for public service employees covered by the convergent social protection regime.

Duration of initial parental leave

• Parents will be entitled to an initial parental leave of 150, 180, or 210 consecutive days. These days may be taken simultaneously for a 30-day period, divided into equal periods, after the 150-day period.
• Parents may divide the 150-day base period between them, while the mother retains her separate period of exclusive leave.
• Parents may opt for an additional 30 or 60 days of leave, as follows:
• An additional 30 days of leave that parents may share
• An additional 30 days if each parent, exclusively, takes 30 consecutive days or two 15-day periods
• An additional 60 days if each parent, exclusively, takes 30 consecutive days or two 15-day periods
• An additional 60 days if the father, exclusively, takes 60 consecutive days or two 30-day periods
• After the 150 consecutive days of parental leave, the remaining leave may be combined with part-time work.

Daily amount of initial parental allowance

Exclusive leave for fathers

The exclusive leave for fathers will continue to be 28 consecutive or non-consecutive days in the 42 days following the birth. However, it will now be mandatory to take 14 consecutive days immediately after the birth, as opposed to seven days under the current regime.

The optional portion of the father’s leave will also go from 7 to 14 days, to be taken simultaneously with the mother’s leave.

Special situations

In a single-parent family, the only parent may take the extended leave without having to share it. The law defines single-parent family as “a family comprising the child and one other person, relative or family member in the direct ascending line to the third degree, or to the third degree of the collateral line, or a person to whom the minor has been entrusted by a court decision.”  

If there is only one parent in a household that is not a single-parent household, the leave may be shared with a direct first- or second-degree ascendant or a relative in the second degree of the collateral line.

This regime will also apply to a parent who is a victim of domestic violence, provided three cumulative conditions are met:

• A formal criminal charge is filed
• The victim or abuser leaves the family home during the pregnancy or leave period.
• A restraining measure or additional penalty prohibits contact between the parents.

In the case of death of a parent, the surviving parent’s right will no longer depend on which parent was taking parental leave.

New reporting duty to employer

If no statement is made regarding the type of initial parental leave chosen, it is presumed that the mother is taking the leave.

For shared leave, both parents must inform their employers of their respective leave start and end dates within seven days of the birth or, where applicable, the end of the hospitalization period. They must submit a joint statement or, where applicable, a statement from the other parent confirming that they are working.

For unshared leave, the parent taking the leave must submit a statement from the other parent confirming that they are working and will not be taking leave.

Continuous work day for employees with family responsibilities

Continuous workdays will now be permitted for employees with a child under the age of 12, or with a child that has a disability, chronic illness, or cancer regardless of their age, and lives with the employee in the same household. This regime is available to either parent and also to a grandparent who lives with the grandchild and acts in place of the parents. The continuous workday must be set out in a collective bargaining agreement or, if there is no agreement, agreed with the employer.

Under this regime, employees work continuously, with a break of up to 30 minutes that counts as working time. The continuous workday must fall mainly within one of the daily work periods and reduce normal working hours by up to one hour. Employees may not work more than five consecutive hours. Employees wishing to use this regime must apply to their employer in writing at least 30 days’ in advance, stating how long they intend to use it, up to a maximum of five years.

The final text, submitted by the Labor, Social Security and Inclusion Committee, was unanimously approved in a final, overall vote at the plenary session on October 16, 2026. The proposal was sent to the Labor, Social Security and Inclusion Committee on October 16, 2026, to finalize the wording. It must then be sent to the President of the Republic for enactment.

The new regime applies to parental leave starting on or after January 1, 2027. The law will enter into force with the State Budget Law for 2027 (still being debated in parliament).

In view of the new regime, employers must:     

• review internal parental leave policies to reflect the new leave periods and rules on sharing leave, (in particular by updating information on parental rights required under article 127.4 of the Labor Code, which must be displayed on company premises);
• adapt internal procedures for receiving employee statements, which must be submitted within seven days of the birth;
• plan for employee replacements to account for the longer leave periods; and
• review applicable collective bargaining agreements, particularly provisions on the continuous workday.

For additional information on this topic, please contact our Knowledge and Innovation team or your usual contact at Cuatrecasas.