An employee who is always sick on Mondays, or consistently absent after bank holidays, creates a pattern that raises suspicion. Here is what Portuguese law allows you to do about it.

Document the pattern

First step: record every absence with dates, days of the week and whether sick notes were provided. Over time, a clear pattern will become visible and documentable. A time tracking system automatically provides this record.

What the law allows you to verify

The employer can request verification of the sick leave by the Medical Verification Services of the Social Security. This is a specific administrative process that must be requested through the proper channels. The Social Security may then verify whether the sick leave is medically justified.

When can you act

If the sick leave is not properly certified, or if the employee cannot present a medical certificate within the required timeframe, the absence may be classified as unjustified. Unjustified absences can be disciplinary grounds.

However, be careful: acting against an employee for exercising their legal right to sick leave, even if you suspect abuse, without proper verification, can expose the company to legal risk. Always consult a labour lawyer before taking disciplinary action in these cases.

This article is for informational purposes only and does not constitute legal advice.