LEAVE FOR ASSISTANCE TO A SON/DAUGHTER WITH DISABILITY OR CHRONIC DISEASE

» Concept

Justified absence from work of employed parents or adopters for assistance to a son/daughter or adopted with disability or chronic disease without age-limit

» Scope

Working parents or adopters

» Regime

» Duration up to six months, extendable until four years

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

» In the case of the son/daughter has twelve years or more the need for assistance shall be confirmed by medical certificate

» The public employee is entitled to a leave if the other progenitor has professional activity or if is inhibited or totally impeded of exercising the paternal power

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

» 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

» Formalities

» Information in writing, with thirty days in advance as to the commencement and term of the period of enjoyment of leave, containing the following indications:

» that the other progenitor has professional activity and is not at the same time under situation of leave, or that is impeded or fully inhibited of exercising the paternal power

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

» that the maximum period of duration of the leave has not been terminated

» Delivery of medical certificate attesting the need for assistance, in the case of the minor is more than twelve years old communication within the time limit of five days on the termination of the situation that led to the respective leave

» Effects

» Loss of pay

» It is suspended due to public employee’s sickness

» It shall not be suspended due to 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 termination of the situation that gave rise to the respective leave

» At the term of the leave is entitled to resume activity

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