News
In an opinion article for RH Magazine, Maria Luís Guedes de Carvalho, Senior Associate in the Labour practice area at CCA Law Firm, draws attention to a significant gap: the absence of a clear legal framework regarding the right to parental leave in cases of bereavement following the loss of a child.
Currently, the Portuguese Labour Code provides that both mother and father are entitled to initial parental leave of 120 or 150 consecutive days, starting from the birth of a child. However, the social protection regime in parenthood limits the duration of that leave in cases of stillbirth, allowing an extension only where there is a live birth.
For Maria Luís Guedes de Carvalho, this distinction raises a fundamental question:
“Does it make sense to limit parental leave when what gives rise to it is the birth itself? Should Portuguese legislation not guarantee the same level of protection to parents who return home with empty arms?”
The lawyer argues that motherhood and fatherhood are social values enshrined in the Constitution and that the bereavement associated with them should be treated equally by the legislator. Ignoring these situations, she maintains, prolongs families’ suffering and undermines trust in the rule of law.
- Read in full
- RH MAGAZINE