Portugal recently introduced three consecutive days of employer-paid leave per month for employees who experience severe and disabling menstrual pain caused by endometriosis or adenomyosis. This change took effect on 26 April 2025.
Background
Law 32/2025 aims to promote the rights of individuals with endometriosis or adenomyosis by strengthening access to healthcare and creating a new entitlement of justified absences from work.
In 2023, Spain became the first European country to introduce leave for female employees who suffer severe menstrual pain, including pain due to conditions such as endometriosis or polycystic ovaries (see previous Lockton article here (opens a new window)). While the new entitlement in Portugal is more limited and only applies to employees who have been diagnosed specifically with endometriosis or adenomyosis, it represents a significant step in the region towards raising awareness and providing support for individuals affected by painful or disruptive menstrual symptoms.
Key details
Employees who experience severe and disabling pain caused by endometriosis or adenomyosis during their menstrual period are entitled to paid leave for up to three consecutive days per month of work (i.e., up to 36 days per year). This leave is fully paid by the employer.
To be eligible for this leave, the employee must provide the employer with a medical certificate confirming a diagnosis of endometriosis or adenomyosis accompanied by debilitating pain. This certificate is only required when the leave is initially taken and does not need to be renewed.
Under Law 32/2025, new rules and guidelines are expected to be introduced by the National Health Service (NHS) by 25 June 2025 to ensure universal healthcare coverage for all Portuguese citizens and residents affected by endometriosis or adenomyosis accompanied with severe and disabling pain. These guidelines will outline the symptoms to monitor, available diagnostic tests and procedures, and recommended follow-up care.
The law also mandates the establishment of a co-payment scheme for medications prescribed by NHS specialist doctors to treat or manage symptoms associated with these conditions.
In addition, individuals diagnosed with endometriosis or adenomyosis will be entitled to access fertility preservation services through the NHS, including the collection and storage of oocytes (egg cells).
Employer action: ACT
Employers should review and update their leave policies and procedures, as needed, to reflect the new statutory leave entitlement. The leave policy and procedures should be worded carefully to prevent any potential discrimination or stigma toward employees who choose to take this leave. All medical information provided by employees should be treated with strict confidentiality and in compliance with the European Union General Data Protection Regulation (GDPR).
Although the legislation specifically provides menstrual leave for employees diagnosed with endometriosis or adenomyosis, employers may also wish to consider broader accommodations for employees experiencing painful or disruptive menstrual symptoms. These could include options such as additional paid or unpaid leave, remote work arrangements, or flexible working hours.
Further Information
Law No. 32/2025 of 27 March 2025 | Diário da República (opens a new window)
