What the law guarantees to the employee on return

The employee was on sick leave for 3 months. Today they return. What do you need to ensure — and what can you not do?

• The position must be available. The employee returns to the same position (or equivalent) with the same remuneration and the same contractual conditions.
• Leave was not lost. Holiday days continue to accrue during sick leave. For correct management of the holiday calendar, read how to organise the 2026 holiday plan.
• They cannot be penalised for having been on sick leave. Performance reviews, progressions, access to training — nothing can be negatively affected by the fact of having been on sick leave. To understand how sick leave works in Portugal, read the complete sick leave guide

What the employer must prepare before the return

• 1. Confirm the return date in advance. It should not be a surprise for either party.
• 2. Update the workspace. If there have been changes (new tool, new process), the employee needs to be informed.
• 3. Check the time tracking records. The sick leave absence must be marked with the code 'sick leave' — not as an absence. Before the return, confirm the record is correct for payroll processing.
• 4. Schedule a reintegration conversation. 15 minutes to understand how the employee is, what they need to know, and what has changed.

What you CANNOT do on return

• Change the role to a lower-grade role 'because they are no longer up to date' — downgrading roles without agreement is illegal
• Present a new contract proposal with worse conditions
• Dismiss the employee in the first months of return 'by coincidence' — the temporal proximity creates suspicion of retaliation
• Transfer the employee to another location without agreement

Recurring sick leave

If the employee has had several long sick leaves in a short time, you can request a medical fitness for work assessment (through occupational medicine). But you cannot pressure the employee to endure it, nor deny them sick leave when there is a medical indication. If you suspect a pattern of abusive sick leave, read what to do when an employee is repeatedly on sick leave

If you want to change the employee's schedule on return (for business needs), first read can I change an employee's schedule