Santos & Bárbara maintains a database of useful information to help you manage these difficult moments.
Although there is a certainty about death, the pain it causes is can make it hard to see things clearly. To help you through such times, Santos & Bárbara have brought together information and links to the entities that you need to contact. However, if you would prefer, you can just contact us and we will take the weight off your mind by managing everything for you.
Legal Obligations
In the days following the passing of a family member, you need to:
- report the death to the authorities
- obtain a death certificate
- arrange for cemetery burial rights
- apply for the death subsidy or the reimbursement of your funeral expenses from the Segurança Social (Social Security), Caixa Geral de Aposentações, Mutual Associations or foreign social security system
Time-off work or compassionate leave
When a relative dies, all workers are entitled to take specific periods of time off work. The precise number of days depends on how close a relation the person was. Article 251 of the Employment Code establishes the rules in this regard:
Leave due following the death of a spouse, relative or similar:
1 — A worker is entitled to take the following days off work:
a) Up to five consecutive days, following the death of a spouse who is not separated in person or property or that of a relative or similar, in the direct line and up to the first degree of kinship;
b) Up to two consecutive days, following the death of another relative or similar in the direct line or of someone in the collateral line, up to the second degree of kinship.
2 — The provisions of subparagraph a) above apply to the death of a person who lives in a de facto union, or is in a relationship of financial dependency, with the worker, as provided for in the specific legislation.
3 — Any breach of the provisions of this article constitutes a serious misdemeanour offence.
NOTE:
5 consecutive days:
1st direct line: parents, children, step-parents, parents-in-law, sons-in-law, daughters-in-law, stepchildren, adoptees (full adoption).
1st degree of kinship – collateral line: spouse (not separated in property or in person, including a person living in a de facto union or relationship of financial dependency, pursuant to the specific legislation).
2 consecutive days
2nd and 3rd degrees of kinship – direct line: grandparents and great-grandparents, grandchildren and great-grandchildren, adoptees, of both the worker and their spouse.
2nd degree of kinship – collateral line: brothers and sisters and brothers and sisters-in-law and those of any adoptees.