Absence due to death of family member. Ombudsman recommends alterations to the counting criteria in the Autonomous Region of Madeira

The Ombudsman recommended to the Regional Secretary of Finances of the Regional Government of Madeira an alteration to the understanding adopted thus far by the Autonomous Regional Administration in relation to the method of counting justified absences on consecutive days, due to death of a family member.

In contrast to the arguments sustained in the specific case that motivated the Ombudsman’s Recommendation, in these situations, justified absences should only be counted on working days, and rest days and public holidays should not be taken into account.

On rest days and public holidays, there is no absence of the worker from the place in which he/she should perform the activity during a normal daily work period, and therefore the question of justifiable absences does not arise.

In the event of the death of a family member, the employee may therefore be absent on the days provided for by law, such justified absences being on working days and having to be taken consecutively.

To access the Recommendation click here [in Portuguese only].