Extended absence period in the event of death of descendant
Following a petition launched by Acreditar – Association of Parents and Friends of Children with Cancer in September 2021, Law no. 1/2022 was published on 3 January 2022, amending and enlarging the period of justified absences in the event of death of a descendant or relative by affinity in the 1st degree of the direct line, introducing changes to article 251 of the Labor Code, and also establishing, autonomously, the right to request psychological support.
When does it come into effect?
This law comes into effect on the day following its publication, that is, January 4th, 2022.
What are the justified absence periods now foreseen?
Employees are now entitled to/up to 20 consecutive days of justified absence in the event of the death of a descendant or relative by affinity in the first degree of the direct line, i.e. in the event of the death of biological and adopted children, stepchildren, sons-in-law and daughters-in-law. This means an extension of 15 days compared to the number of days previously established.
In the event of the death of a spouse, non-marital partner, or person living with the employee in the same house and having a life in common, as well as an ascendant or relative by affinity in the first degree in the direct line (i.e. parents, stepfathers, stepmothers and parents-in-law), the period of justified absences remains being 5 days. As for the remaining relatives and relatives by affinity in the direct line, and relatives and relatives by affinity in the 2nd degree in the collateral line (i.e. great-grandparents, grandparents, grandchildren, great-grandchildren, brothers and sisters-in-law), the period of justified absences in the event of death also remains unchanged, that is 2 consecutive days.
Who is entitled to psychological support?
In the event of the death of close family members, namely spouse and ascendants, employees can request psychological counseling to their Doctor.
In situations of death of descendants or relatives by affinity in the 1st degree of the direct line, both parents are entitled to request this psychological counseling, to be provided at a National Health Service establishment, which must begin within 5 days after the death.
