THE ESSENTIALS
Before you start
- Temporary incapacity lasting more than 30 days has a rule for proportional holiday and Christmas allowances.
- The applicable percentage depends on the benefit; two full monthly salaries are not automatic.
- Do not copy the allowance dates for a permanent pension to temporary incapacity.
What the more-than-30-days rule provides
Article 50(3) of Portuguese Law 98/2009 provides for proportional holiday and Christmas allowances where temporary incapacity lasts more than 30 days. The calculation refers to the percentages for total or partial temporary incapacity benefits. More than 30 days does not mean every absence, however short.
Under Article 48(3), total temporary incapacity carries a daily benefit of 70% of remuneration for the first 12 months and 75% afterwards. For partial temporary incapacity, the reference is 70% of the reduction in general earning capacity. Identifying the applicable benefit is different from awarding Tiago two full allowances.
Identify the annual basis and the amount actually paid
Article 71 distinguishes monthly from annual remuneration: the annual basis includes holiday and Christmas allowances and other regular annual payments. That basis needs to be considered alongside the benefit and period being assessed. Comparing a transfer with usual take-home pay is not enough.
As a checking method, Clara suggests a table showing reference remuneration, incapacity dates, the percentage used and items already paid. If a payment statement does not identify an item, Tiago asks for the calculation before deciding it was omitted or adding it again himself.
June and November: check which benefit the date concerns
Article 72 has different rules: allowances associated with an annual permanent incapacity or death pension are paid in June and November; temporary incapacity benefits are paid monthly. Those concerned may agree a different payment frequency. The permanent pension timetable does not, by itself, answer Tiago’s question.
When requesting clarification, identify whether the document concerns temporary incapacity benefit, a pension or another item. This guide concerns employees. It does not determine an amount due in an individual case or settle an employer’s possible remuneration obligations for other periods.
Take a question that can be checked to the existing case
Tiago collects payment records and asks which period and benefit were used, what the calculation basis was and where proportional amounts already paid are shown. He keeps the answer with the case reference. He avoids posting payslips or medical information on social media to obtain an estimate.
For this question about an accident that has already happened, use the current policy’s process and Support and claims. Employers comparing future protection for a team can select Work accidents under Request a quote. A new proposal does not correct payments in an earlier case.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Identify the benefit and duration of incapacity.
- Ask for an itemised basis, percentage, period and amounts.
- Separate the permanent pension timetable from temporary incapacity payments.
- Keep the explanation and documents in the private case record.
FROM THE ARTICLE TO YOUR SITUATION
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Sources and transparency
Content updated on .
Consultation dates are stated in individual references when available.
Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.
Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.