LEAVE FOR ASSISTANCE TO A SON/DAUGHTER

» Concept

Justified absence from work of employed parents or adopters for assistance to a son/daughter or adopted after the right to complementary parental leave has been terminated

» Scope

Working parents or adopters

» Regime

» Maximum duration of 2 or 3 years in the case of a third son/daughter or more

» If the public employee does not indicate the period of leave this one shall have duration of six extendable months

» The leave may be enjoyed in a consecutive or interpolated way

» The public employee is entitled to a leave if the other progenitor has professional activity or if he/she is inhibited or totally prevented from exercising the paternal power

» During the period of leave the public employee shall not fulfil activity incompatible with the purpose of the leave, namely, subordinate work or continuous provision of services outside his/her residence

» If there are two holders, the leave may be enjoyed by any of them or by both in successive periods

» Formalities

» Information in writing with 30 days in advance, as to the commencement and term of the period of the enjoyment of leave, by referring:

» that the other progenitor fulfils professional activity and that is not in the same period, under leave situation, or that is impeded or totally inhibited of exercising the paternal power

» that the minor lives with the public employee in the same household, and

» that the maximum period of the leave duration is not terminated

» The termination of the situation that gave rise to the leave shall be communicated within the time limit of 5 days

» Effects

» Loss of pay

» It is suspended due to public employee’s sickness

» During the leave the public employee shall not fulfil activity incompatible with the purpose of the leave

» It shall not be suspended for public employer’s convenience

» Does not affect the right of the public employee to accede to periodical information issued by the employer for the set of public employees

» Ends with the termination of the situation that gave rise to the respective leave

» At the term of the leave the public employee is entitled to resume work

» Suspends rights, duties and guarantees of parties in so far as presuppose effective fulfilment of work, but does not affect the right to social benefits of the health subsystem applicable