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Unpaid leave: How it works and who can request it

5 de May, 2025

Unpaid leave allows professionals to take a temporary leave of absence from their work. This instrument can be activated for personal or academic reasons and ensures that the worker keeps their job when they return.

But under what circumstances can unpaid leave be requested? What do you have to do to request it and what happens in practice to the professional’s employment contract? Find out the answer to these and other questions in this article.

What is unpaid leave?

Unpaid leave – or leave without pay – refers to the possibility of an employee being absent from work for a period of more than 60 days, provided there is an agreement with their employer (Article 317 of Código do Trabalho).

This is a temporary suspension of the employment contract between the professional and the company. In other words, although the employment relationship continues, the employer and the employee do not have any rights or duties regarding the provision of work.

During the period of unpaid leave, the employee does not receive any salary or employee benefits.

Under what circumstances can it be requested?

Employees are entitled to unpaid leave if they request it for academic reasons (to study and invest in their professional training) or for personal or family reasons.

In both cases, the employer can refuse to grant it.

Can the company refuse?

If leave without pay is requested for personal or family reasons, the company may respond negatively to the request.

The same can happen if the employee requests leave to study or attend training. However, in this case, the employer can only refuse in one of these situations:

  • If, in the 24 months prior to the request, the employee has attended vocational training provided by the company or has been granted leave for the same purpose;
  • If the employee has been with the company for less than three years;
  • If the request is not made at least 90 days before the start date of the leave;
  • In the case of a micro-enterprise or a small company that has no way of circumventing the absence of the employee;
  • If the employee holds a position of management, leadership or is considered qualified personnel, and their replacement would entail a major loss to the operation of the business.

If none of these situations apply and the company still refuses the request for unpaid leave to study or attend training, this constitutes a serious offense. The professional can contact the Authority for Working Conditions (ACT) or go to the Labor Court in the geographical area corresponding to the company’s headquarters.

How do I request unpaid leave?

The request for unpaid leave is made directly by the employee to the company. The employee must formalize this request in writing, by letter or other equivalent means, stating the reasons for the leave and the desired duration.

The employer must also communicate its decision – to accept or refuse – in writing.

Does unpaid leave have a maximum duration?

The law only states that unpaid leave applies to a period of more than 60 days. In other words, there is no upper limit to its duration. This issue should be assessed together with your employer.

How far in advance should the request be made?

Unpaid leave must be requested from the company at least 90 days before the date on which the employee wishes to start taking it.

However, if the leave is requested due to something unforeseen, this period may be shorter. It is up to the employer whether or not to accept the request with a shorter notice period.

What changes in the employment contract?

As mentioned above, unpaid leave results in a suspension of the employment contract and, during this period, the employee’s rights and duties regarding the provision of their work and their working hours are also suspended.

However, the employment relationship with the company remains unchanged. According to Article 295 of Código do Trabalho, suspension time counts for seniority purposes and has no effect on the expiry of the limitation period.

When the period of leave ends, the rights, duties and guarantees arising from the actual provision of work are re-established.

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