The direct answer: practically no

Portuguese law provides very robust protection for workers on parental leave — both maternity and paternity.

The Labor Code (Art. 63) establishes that the dismissal of a worker on parental leave is null and void — except in very specific cases and with mandatory prior authorization.

What null dismissal means

If you dismiss a worker on parental leave without following the correct procedures:

• The worker has the right to be reinstated in their position
• The company must pay all wages for the period of absence as if the contract had never been interrupted
• There may also be additional compensation for damages caused

The exception: CITE authorization

There is a legal procedure for dismissing a worker on parental leave — but it is restricted:

1. The dismissal must have just cause or a substantiated elimination of the position
2. The company must submit the case to CITE (Commission for Equality in Labour, the Portuguese workplace equality body) for an opinion
3. CITE has 30 days to issue its opinion
4. You may only proceed after CITE's opinion — or after the deadline expires without a response

Without this procedure the dismissal is null and void — even if just cause is genuine.

Protection before and after leave

The protection is not limited to the leave period:

• During pregnancy: the same protections apply as soon as the company is aware of the pregnancy
• In the 60 days after returning from parental leave: dismissal is equally subject to CITE's opinion

What if a disciplinary process was underway before the leave

If a disciplinary process was already underway before the leave began, it may continue. What the law prohibits is initiating dismissals motivated by the leave. However, the temporal proximity between the leave and the start of a process will always be viewed with suspicion — without solid and well-documented grounds, the risk of litigation is high.

To learn more about when dismissal is possible and under what conditions, read when you can dismiss someone for absences and what happens when the probationary period ends.

This article is for informational purposes only. Always consult a specialized lawyer for specific situations.