# Holiday Entitlement in Portugal: How to Calculate It (2026)

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![Calendar with holiday days marked](/blog/como-calcular-dias-ferias-portugal/cover.jpg)

Trying to work out an employee’s holiday entitlement and already lost track of the rules? Pro-rata leave, statutory increases, public holidays that fell on a Saturday. Portuguese law is not exactly intuitive, and a calculation error can land you in trouble with the ACT or, worse, with the employee themselves.

This guide gives you the right formulas, with concrete examples, so you never have to second-guess how many holiday days someone is entitled to.

## The Base Rule: 22 Working Days

Let us start with the simple part. The Portuguese Labour Code (Article 238) establishes that every worker is entitled to an annual holiday period of **22 working days**.

Working days means Monday to Friday. Public holidays and weekends do not count. If someone books leave from Monday to Friday in a week with a public holiday on the Wednesday, they use four days, not five.

The entitlement is acquired when the contract takes effect and vests on 1 January of each calendar year. In other words, on 1 January 2024, every worker already at the company earned the right to their 22 days to be taken during that year.

## How to Calculate Pro-Rata Leave in the First Year

This is where it gets more complicated. When someone joins a company part-way through the year, they are not immediately entitled to 22 days. The calculation is pro-rata.

The formula is straightforward: **2 working days for each complete month of work**, up to a maximum of 20 days in the first year.

A worked example: Maria joined the company on 15 March 2024. Up to 31 December, she works 9 complete months (April to December). She is entitled to 18 working days of leave (9 × 2 = 18).

But note: these days can only be taken after 6 months of employment. Maria, who joined in March, can only start taking leave from September. Before that, even with the days accrued, she cannot use them.

Is there an exception? Yes. If the employer agrees, leave can be scheduled before the 6 months are up. But it is not an obligation.

## Pro-Rata Leave in the Year of Departure

And when someone leaves the company? There are calculations to do there too.

If the employee leaves before 1 January, they receive leave pro-rata to the time worked in that calendar year, calculated the same way: 2 days per complete month.

Example: Pedro leaves on 31 July 2024. He worked 7 complete months in 2024. He is entitled to 14 days of pro-rata leave (7 × 2 = 14). If he has not taken them, they are either scheduled before he leaves or paid at the corresponding value.

And if they have already taken more than the pro-rata entitlement? The employer can deduct the amount in the final settlement. Awkward for both sides, which is why it pays to manage this properly throughout the year.

## Collective Agreements: You May Have More Than 22 Days

If your company is covered by a collective bargaining agreement (CBA), you may be entitled to more holiday days than the 22 provided for by law.

The rule is simple: the agreement can give more, never less. It is called the principle of more favourable treatment.

A concrete example: in the banking sector, workers are entitled to 25 working days of leave. That is not the bank’s generosity, it is in the CBA.

How do you know whether you are covered? Check your employment contract or ask HR. The applicable agreement is also available on the DGERT website or in the Labour and Employment Bulletin.

If you do not know whether a CBA exists for your sector, assume the 22 days under general law. But it is worth checking.

## Part-Time Workers

The calculation for part-time work is not pro-rata to hours. A part-time worker is entitled to the same 22 working days as a full-time worker.

The difference lies in the value of the holiday allowance, which is pro-rata to the hours worked. But in terms of days of absence, it is 22 days like anyone else.

This confuses a lot of people. “If the person only works 4 hours a day, why are they entitled to the same days as someone who works 8?” Because the law says so. The right to rest is not proportional to working time.

## How to Count Holiday Days in Practice

Let us take a real example that tends to cause confusion.

António wants to book leave from 5 to 16 August 2024. How many days does he use?

First, let us look at the calendar:

-   5 August (Monday) - working day ✓
-   6 August (Tuesday) - working day ✓
-   7 August (Wednesday) - working day ✓
-   8 August (Thursday) - working day ✓
-   9 August (Friday) - working day ✓
-   10-11 August (Saturday-Sunday) - does not count
-   12 August (Monday) - working day ✓
-   13 August (Tuesday) - working day ✓
-   14 August (Wednesday) - working day ✓
-   15 August (Thursday) - **PUBLIC HOLIDAY** (Assumption of Mary) - does not count
-   16 August (Friday) - working day ✓

Total: 9 working days of leave.

If you had not spotted the public holiday, you would have counted 10. And António would end up with one day fewer than he is due.

## Untaken Leave: What to Do?

By law, leave must be taken in the calendar year to which it relates. But there is some flexibility:

-   It can be taken up to 30 April of the following year (Article 240)
-   In special cases, it can be carried over until the end of the following year

What you cannot do is simply “pay out” leave instead of granting it. The law requires it to be actually taken. The only exception is on termination of the contract, where untaken leave is paid.

If you reach the end of April and the employee still has days outstanding, you have a problem. The ACT can issue a fine. And the worker keeps the entitlement, even if they have “missed” the deadline.

## Tools to Avoid Mistakes

Doing these calculations by hand, every month, for a whole team, is a recipe for errors. Especially when you have joiners and leavers through the year, part-time staff, and public holidays that move.

There are two options: build a very well-structured spreadsheet (and pray nobody breaks it), or use software that does the calculations automatically.

[Leave management software](/en/) like TeamYo automatically calculates the days each person is entitled to, taking into account their start date, contract type, and the public holidays for the year. When someone requests leave, the system already knows how many days they have available and will not let them request more than their balance. Less hassle for you, fewer errors to fix.

#### Do not calculate by hand. TeamYo does it for you.

Automatically calculates each employee's pro-rata days and exports the vacation map for your accountant.

[Request a free account](/en/contact/?lead_source=blog_product&requested_locale=en)

## Summary: The Formulas You Need

To keep to hand:

**Worker employed for more than 1 year:** 22 working days per calendar year

**Worker in their first year:** 2 working days × complete months of work (maximum 20 days) Can only be taken after 6 months of employment

**Worker leaving:** 2 working days × complete months worked in the year of departure

## Frequently asked questions

**How many holiday days is a worker entitled to in Portugal?**

22 working days per calendar year, under Article 238 of the Portuguese Labour Code. Working days means Monday to Friday: weekends and public holidays do not count. The entitlement vests on 1 January each year.

**How do you calculate pro-rata leave in the first year of employment?**

The formula is 2 working days for each complete month of work, up to a maximum of 20 days in the first year. Someone who joined on 15 March has 9 complete months to 31 December, so 18 working days. These days can only be taken after 6 months of employment, unless the employer agrees otherwise.

**How is leave calculated in the year an employee leaves?**

The same formula applies: 2 working days for each complete month worked in that calendar year. Someone leaving on 31 July worked 7 complete months and is entitled to 14 days. If they do not take them, they are scheduled before departure or paid in the final settlement.

**Do public holidays count as holiday days?**

No. Only working days count, Monday to Friday. Public holidays and weekends are not deducted from the balance. Someone booking leave from 5 to 16 August 2024, a period including the 15 August public holiday, uses 9 working days rather than 10.

**Does a part-time worker get fewer holiday days?**

No. A part-time worker is entitled to the same 22 working days as a full-time worker. What is pro-rata to hours worked is the value of the holiday allowance, not the number of days.

**Until when can the previous year's leave be taken?**

Leave must be taken in the calendar year to which it relates, but it can be taken up to 30 April of the following year (Article 240). In special cases it can be carried over until the end of the following year. Leave cannot simply be paid out instead of taken, except on termination of the contract.

## Conclusion

Calculating holiday entitlement in Portugal is not rocket science, but it does have specific rules you need to follow. The most common mistake is forgetting that working days do not include public holidays, and that the first year of employment has rules of its own.

If you have a small team, a well-built spreadsheet will do. If you have more than 10 people with frequent joiners and leavers, automating probably pays for itself. The time you save on arithmetic is time you can spend on something more useful.

Have a question about a specific case? The legislation is all in the Portuguese Labour Code, Articles 237 to 247. Or, if you would rather not read legalese, ask an accountant or an HR consultant.

### About the author

![Andre Nabais](/authors/andre-nabais.jpg)

#### Andre Nabais

Co-founder of TeamYo. Passionate about simplifying HR processes for small and medium businesses.

### Want to simplify leave management?

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