The ILO facilitated tripartite consultations in Portugal between 1998 and 2000 as part of the preparatory work for the adoption of the Maternity Protection Convention, 2000 (No. 183). These consultations brought together government representatives, employers’ organizations and workers’ organizations, and helped stimulate public and policy debate on the need to extend maternity leave entitlements.
I-7 Is there collaboration with other agencies of the United Nations System or other partners?
No
II-1 Justification of the initiative
In the early 2000s, Portugal’s parental leave system was still centred on motherhood. Fathers had a small, separate entitlement but few incentives to take longer leave, resulting in low uptake. Fathers were entitled to five working days of paternity leave, taken consecutively or intermittently within the first month following the birth of the child.Recognizing the need to promote men’s participation in caregiving and to challenge stereotypes about women’s availability for work, the social partners supported a major reform. With the 2009 revision of the Labour Code, Portugal replaced “maternity leave” with a gender-neutral initial parental leave explicitly designed to be shared. The reform introduced a bonus period when both parents took leave and strengthened the father-exclusive portion. CITE described this as a “broad restructuring” aimed at rebalancing family responsibilities between women and men. Legislative changes were complemented by behavioural-science-based awareness efforts, including communication campaigns, public debates and training sessions to promote gender equality in caregiving.Over the following two decades, fathers’ participation increased significantly. Use of the exclusive leave steadily rose, and take-up of shared leave expanded — between 2009 and 2024, the number of men sharing the initial parental leave grew by 372 per cent. In 2009, fathers were entitled to ten working days of paternity leave, increasing to 15 working days in 2015. Fathers are now entitled to 28 consecutive days.This evolution transformed workplace culture. The extension of shared leave encouraged employers to view both men and women as equally entitled to exercise parental rights, helping to normalize caregiving as a shared responsibility. These reforms advanced men’s equal opportunities and roles in care, shifted entrenched gender norms, supported the redistribution of unpaid care, and fostered greater gender equality in the world of work.
II-10 Focus on other branches of economic activity
No sectoral focus
II-11 Focus on certain categories of enterprises or economic units according to their size
Not applicable
II-12 Focus on specific status in employment
Employees
II-13 Focus on other specific categories of workers and employers, not captured elsewhere
No specific categories of workers or employers
II-14 Focus on specific groups of population / persons prioritized in the initiative
Women
II-14 Focus on specific groups of population / persons prioritized in the initiative
Men
II-14 Focus on specific groups of population / persons prioritized in the initiative
Mothers
II-14 Focus on specific groups of population / persons prioritized in the initiative
Fathers
II-15 Has the initiative been developed through effective social dialogue processes and inter-institutional coordination mechanisms?
Yes, inter-institutional coordination mechanisms
II-2 Objectives and description of the initiative
Initial parental leave is granted to both women and men following the birth of a child and comprises several components: (a) mandatory parental leave exclusive to the mother (a minimum of 42 days after the birth); and (b) mandatory parental leave exclusive to the father (28 days, to be taken within the first 42 days after the birth). The remaining period of 120 or 150 days may be shared between both parents.Maternity and paternity leave are fully compensated by social security at a rate of 100 per cent. If the 150-day leave is shared by the mother and father, the allowance remains at 100 per cent. In the case of 180 days of leave, where the father takes at least one period of 60 consecutive days or two periods of 30 consecutive days, in addition to his exclusive parental leave, the allowance is 90 per cent. Overall, the length and level of payment are more generous when leave is shared between the mother and father.The evolution of the leave scheme — particularly the increase in the number of days reserved for fathers, the requirement that part of this leave be taken at the same time as the mother, and the provision of full or near-full wage replacement — has been a key measure to promote work–life balance and gender equality. It counters the stereotype of the mother as the sole caregiver and sends a strong signal to the world of work that both motherhood and fatherhood are rights to which women and men are equally entitled.
II-3 Type of initiative
National/local law
II-3 Type of initiative
Policy / strategy
II-3 Type of initiative
Workplace initiative
II-4 Which of the Rs in the 5R Framework for Decent Care Work guides this initiative?
Recognition, reduction and redistribution of unpaid care
II-5 Which is the main policy area of the 5R Framework for Decent Care Work does the practice focus on?
Care policies
II-6 Which other policy areas of the 5R Framework for Decent Care Work does the practice focus on?
Social Protection policies
II-6 Which other policy areas of the 5R Framework for Decent Care Work does the practice focus on?
Labour Protection policies
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Design and implement integrated and coherent care policies and systems for decent work and gender equality
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Addressing the unequal gender distribution of paid and unpaid work, and promoting women’s economic inclusion and autonomy beyond caregiving
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Comprehensive maternity protection and care leave and protection policies, including paternity, parental leave and long-term care leave
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Work-life balance policies and measures, including organization, time and location of work, and other terms and conditions of employment
II-8 Which beneficiaries in the care economy does the practice focus on?
Unpaid carers (workers or persons with care responsibilities, parents, other family members, etc.)
II-8 Which beneficiaries in the care economy does the practice focus on?
Care recipients (children, older persons, persons with disabilities, etc.)
II-9 Geographical scope
Urban and rural
III-1 In a short paragraph, summarize the main results and impacts obtained
The initiative produced a steady rise in fathers’ uptake of their exclusive leave entitlements. In the years following the 2009 reform, the share of men making use of the mandatory father-only leave grew significantly. From 2009 to 2024, the number of men who received benefits under the mandatory leave scheme increased by 21.4 per cent. The sharing of parental leave between mothers and fathers also increased significantly. In 2009, only around 10 per cent of fathers took part in sharing the 120/150-day parental leave. According to the CITE, by 2024, this proportion had risen to about 48 per cent, signalling a cultural and behavioural change, and the impact of the law. Successive legislative improvements, combined with clear financial and organisational incentives, helped transform leave from being predominantly maternal into a more balanced family entitlement. These results not only reflect greater involvement of fathers in caregiving, but also contribute to reducing gender inequalities in the labour market by helping to redistribute the responsibilities of parenthood more evenly between women and men.
III-2 Explanation of the innovative element of the initiative for advancing decent work in the care economy
The innovative element of the initiative lies in its redefinition of parental leave as a shared right and responsibility of both parents, rather than primarily a maternal entitlement. This reframing of the narrative was pioneering in Portugal and fully aligned with the ILO’s principles on decent work.It advanced decent work in the care economy by promoting a more equitable distribution of unpaid care between women and men, reducing the disproportionate career penalties faced by mothers, and fostering a model in which caregiving is recognised as a collective social responsibility, rather than an individual burden on women.The law highlights the importance and benefits of fathers’ active engagement in caregiving and, by increasing men’s participation, has helped create the conditions for the recognition and revalorisation of caregiving skills across society.
IV-1 What were the main challenges or difficulties during the design and implementation? How were they faced/ addressed?
One of the main challenges during the design and implementation phase was the need to align the legal framework with the new approach to parental leave. This required a thorough revision of legislation and administrative procedures to ensure consistency across labour law, social security, and workplace practices.Another difficulty lay in the operational transition: frontline staff needed adequate training to explain the new rules to parents and employers, often in contexts where awareness of gender equality provisions remained limited. To address these gaps, targeted capacity-building sessions were organized for staff, accompanied by clear guidelines and communication materials. In addition, a dedicated helpline was established, staffed by legal professionals with expertise in maternity and paternity protection and gender equality law. This service proved essential in clarifying doubts and supporting both workers and employers.Together, these measures helped smooth the transition and ensured that the legal changes were effectively translated into practical rights that parents could fully exercise.
IV-2 Lessons learned and good practices, including room and opportunities for improvement
According to a study promoted by CITE, 2009 marked a symbolic turning point toward the current system of “parenthood protection.” In terms of parental leave policies, it embedded the fundamental right to work–life balance within a broader framework of gender equality in the world of work.The strengthening of fathers’ rights—such as the extension of the exclusive leave for fathers and the longer duration of paid parental leave when shared between men and women—were measures specifically designed to promote equality in balancing work and family life. On one hand, they enabled men to enter and participate more fully in the domestic sphere through childcare; on the other, they ensured that women could retain their jobs and that the birth of a child would not negatively affect their careers.
IV-3 Key conditions for success
First, the inclusion of the subject in the revision of the Labour Code provided a solid legal foundation for gender-neutral parental leave and father-specific entitlements, ensuring that the reforms were enforceable and coherent across social security and workplace policies. Second, a favourable political context—characterized by strong government commitment to gender equality and alignment with international standards such as ILO Convention No. 183—created the necessary momentum for legislative change. Third, there was growing societal recognition of fathers’ roles in caregiving, which increased public acceptance of shared parental responsibilities. Finally, open and sustained dialogue with social partners made it possible to identify practical implementation challenges and demonstrate the benefits of shared leave for families, employers, and the labour market alike. Together, these conditions created a supportive environment in which the initiative could be effectively designed, implemented, and progressively embedded in Portuguese society.
IV-4 Key conditions for sustainability
The sustainability of the initiative rests on embedding gender equality and shared caregiving as widely accepted social and policy norms. Through specific legislative measures, the reforms established equality as a legitimate and enforceable standard. Over time, these measures have driven gradual shifts in both public policy and workplace culture, highlighting that paternity protection is as essential as maternity protection for achieving gender balance in care and labour markets.Crucially, the legal reforms were complemented by public awareness campaigns, communication strategies, and practical guidance for employers and families—recognizing that legislation alone cannot change behaviour. By combining structural, cultural, and informational measures, Portugal created an environment in which the principles of shared caregiving and gender equality in parental leave are not only protected by law but also sustained and strengthened over the long term.
IV-5 Potential for transferability, expansion and replicability in other countries and contexts
The Portuguese experience offers a well-documented example of how legal reform, combined with public awareness and social dialogue, can effectively increase fathers’ participation in parental leave and promote gender equality in the labour market.This experience highlights key enabling conditions—such as clear legislative frameworks, strong political commitment, engagement of social partners, and complementary awareness-raising measures—that can be adapted and applied in other national contexts.The Portuguese case has been widely shared in international fora. For example, during the ILO’s Centenary in 2019, the ILO Lisbon Office, together with a trade union confederation, published a brochure containing the Portuguese text of the three ILO Conventions on maternity protection. The publication aimed to promote Convention No. 183 among the tripartite constituents of Portuguese-speaking countries within the Community of Portuguese-Speaking Countries (CPLP), showcasing practical approaches to implementing parental leave reforms.Additionally, a range of national reports and academic studies document the enabling conditions and outcomes of these reforms, providing valuable guidance for policymakers and social partners in other countries seeking to replicate or scale up similar initiatives.
V-1 Sources of information and documents used on the characteristics of the initiative, including links to websites, news items, toolkits, policy documents or reports
White paper – Men and gender equality in PortugalMen and gender equality in Portugal: Main conclusions and recommendations of the White BookMen and parental leaves: Legal framework, attitudes and practicesMale roles and gender equalityThe use of time by men and women in PortugalRelatório sobre o progresso da igualdade entre mulheres e homens no trabalho, no emprego e na formação profissionalFlyer - Gender equality: Parenthood