Are absences from work to take care of a pet justified and without loss of pay? "With the norm applied to pets since 2014, we may be facing a legislative conflict," explains DECO PROteste quoted by Notícias ao Minuto. Notícias ao Minuto
Firstly, it should be noted that Portuguese law provides several justifications for missing work without losing pay. However, in the case of needing to miss work to take care of a sick pet, there may be a conflict of rules.
For example, absences from work to provide assistance to children are usually justified and paid, as well as in the case of workers with status as informal caregivers receive special protection by law, but they are the only situations - except for exceptions - with this right.
If you need to miss work to assist another member of your household, even with justification, you may lose your pay. The same applies with a pet.
However, DECO PROteste explains that with the creation of the norm applied to pets in 2014, we face a legislative conflict. This is because the law determines that "whoever, having the duty to keep, watch or care for a pet, abandons it, thereby endangering its food and the provision of care that is due to it, is punished with imprisonment for up to six months or with a fine of up to 60 days," as stated in the news article.
Therefore, even if a pet owner has to miss work to provide assistance to their pet, "absences would not be justified nor paid days, because that is not provided for in the law in the case of animals". "However, if the employer so decides, they can justify absences to assist a pet. Still, it may result in loss of pay," it also reads.
Therefore, the entity emphasizes that it is up to the legislator to clarify this situation. When making advances in an area, one should not forget the implications that the measure brings and should make the necessary adjustments.
Regarding the fact that there are still no justified and paid absences for caring for a pet, there is currently a bill submitted by the PAN party deputy, Inês de Sousa Real, that aims to amend the Labor Code and the General Law of Public Functions, to approve the mentioned regime.
The proposal, already presented in the last legislature, suggests that workers can take a paid day off for the death of a registered companion animal, and two days per year to assist the animal in case of illness or accident.
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