Justified Absence in Mozambique: Labour Law 13/2023

If you arrived at the Inademy Guide searching for excused absences in Mozambique, the answer lies in Article 112 of Labour Law 13/2023: eight categories of situations where you can take time off without losing pay, seniority, or holiday entitlement — from marriage to a relative's funeral, from illness to accompanying a hospitalised child.

Missing a day of work always raises the same question: will it be deducted from your salary? In Mozambique, the answer depends on the reason for your absence. The law lists, point by point, the valid reasons for being away — and knowing this list is what separates a lost day from an exercised right.

This guide from the Inademy Guide covers the full list, notice periods, and effects of each absence. For an overview of your rights, the workers' rights guide gathers the essential numbers.

The short answer

Absence is your non-attendance at your place of work during working hours (Article 112 of Labour Law 13/2023); whether justified or unjustified, it carries different consequences.
Justified absences with 5 days' leave: marriage; death of a spouse, de facto partner, parents, children, siblings, grandparents, grandchildren, stepfather, stepmother, parents-in-law, sons-in-law, and daughters-in-law.
Justified with 2 days' leave: death of aunts, uncles, cousins, nieces, nephews, grandchildren, and siblings-in-law.
Due to illness or accident: an absence is justified when the inability to work is not your fault.
Accompanying a hospitalised child: for parents and carers accompanying minors in a hospital.
Sports and culture: absences approved in advance or afterwards by your employer.
Advance notice: you must report foreseeable absences at least 2 days in advance (Article 112(5)).

What the law considers an absence

Article 112 begins with the definition: an absence is a worker's non-attendance at the workplace during the hours they are required to work. Are you 40 minutes late? That counts as a partial absence. Didn't show up for the whole day? That is a full absence. The classification that follows determines whether pay is deducted: justified or unjustified.

Paragraph 4 makes it clear: any absence not included on the list is considered unjustified. There is no room for lenient interpretations — if your reason is not covered by the provisions of the law (or authorized by your employer), it is unjustified, with the consequences set out in Article 115.

Traditional Mozambican wedding celebration with a dark-skinned family, five days of justified absence

The complete table of justified absences

Paragraph 3 of Article 112 sets out the list. Here is what each item means in practice:

a) Marriage — 5 days. Five days of leave for your wedding, with no loss of pay.
b) Death of a close family member — 5 days. Spouse, de facto partner, parents, children, stepchildren, siblings, grandparents, grandchildren, stepfather, stepmother, parents-in-law, sons-in-law, and daughters-in-law. The list is broad: it covers both direct family and in-laws.
c) Death of an extended family member — 2 days. Aunts, uncles, cousins, nieces, nephews, grandchildren, and siblings-in-law. Two days for the funeral and travel.
d) Inability to work due to circumstances beyond your control — illness or accident. Any day you cannot work because you fell ill or suffered an accident is a justified absence. Recovery from a miscarriage prior to seven months of expected delivery receives the same treatment under item f.
e) Accompanying a hospitalised child. Mothers and fathers accompanying their own children — or other minors under their responsibility — admitted to a hospital facility.
g) Care for a sick or injured family member. Absence to assist a spouse, de facto partner, dependent or foster children, parents, stepchildren, siblings, grandparents, stepfather, stepmother, parents-in-law, sons-in-law, and daughters-in-law in case of illness or accident.
h) Sports and culture, with authorization. Other absences, authorized in advance or after the fact by your employer, to participate in sporting and cultural activities.

Note that item e is supplemented by Article 114: absences for hospital accompaniment are not deducted from your annual leave or your pay. It is an added layer of protection for anyone standing by a hospitalised child.

Foreseeable absences: 2 days' notice

Article 112, paragraph 5 sets out the duty to inform your employer: you must report foreseeable excused absences at least two days in advance. A wedding, an announced funeral, a sports competition — you need to give at least two days' notice.

In practice, giving more notice is always better: it leaves a written record (message or email) and avoids disputes later on. Excused absences do not generate hour credits — the legal working limits are explained in the guide to 48-hour work weeks and overtime.

For unforeseen absences — an accident, a sudden illness, a death in the family — the law does not require advance notice. Instead, it requires timely justification with a document proving the reason.

What justified absences won't cost you

Article 114 is clear: justified absences do not result in any loss or prejudice to your rights regarding pay, seniority, or annual leave. This means three specific things: your salary is not docked for the day, the time away counts towards your seniority (which impacts severance pay), and your entitlement to annual leave remains unaffected — you can find the complete day count in the guide to annual leave in Mozambique.

The law itself sets out two exceptions. For absences due to illness or accident (point d) and hospital accompaniment (point e), your employer is not required to pay your wages — but in these cases, social security steps in: the INSS (Social Security) sickness benefit covers health-related leave, subject to your contributions. The guide to INSS (Social Security) in Mozambique explains what benefits exist and how to apply for them.

Important note regarding family leave: maternity and paternity leave is not considered an "absence" — it is governed by its own rules under Articles 14 and 15 of the law, with specific timeframes and payment terms. Don't mix up the two when submitting your request to human resources.

Long-term illness: the Medical Board

When an illness extends over a longer period, the law gives the employer a way to verify it. For sick leave lasting more than 15 consecutive days, the employer can refer the employee to the Medical Board or another licensed entity to assess their capacity to work.

There is another trigger: if you take more than five days of sick leave in a quarter, you can also be referred for an assessment, either on the employer's initiative or at your own request. And take note of a strict rule: refusing to present yourself to the Medical Board without a valid justification is, in itself, a disciplinary offence.

What about unjustified absences? The other side of the table

Comparing the two regimes helps you understand what is at stake. Unjustified absences always result in the loss of your pay for that period, and the time is also deducted from your annual leave and length of service — without prejudice to disciplinary proceedings (Art. 115).

The thresholds set by law: unjustified absences for three consecutive days, or six non-consecutive days within a six-month period, can lead to disciplinary action. Unjustified absence for 15 consecutive days creates a presumption of job abandonment — and abandonment can result in dismissal for just cause, following the relevant legal procedure.

A practical trap: your employer can treat your absence as unjustified if you do not notify them that you cannot be present. In other words, even if you have a legitimate reason, staying silent changes the nature of your absence. Always notify your employer — in writing, and keep a copy.

Dark-skinned Mozambican man writing an absence notice on his mobile phone to his employer

Mistakes that lead to pay deductions

Failing to give advance notice. Missing work without giving two days' notice (when foreseeable) allows your employer to treat your absence as unexcused.
Failing to provide proof. Death certificates, medical notes, proof of hospital admission — without proof, an excused absence can be challenged.
Confusing leave with absence. Maternity, paternity, and 5/2-day bereavement leave have different legal bases — cite the correct article in your request.
Extending time off without approval. Paragraph h (sports and culture) requires prior or subsequent authorization; taking it without approval counts as an unexcused absence.
Losing track of the days. Three consecutive unexcused days can already trigger disciplinary action — act early and never ignore notices from your employer.

How Inademy helps you

A formal employment contract forms the foundation of your rights regarding leave, holidays, and statutory time off. At Inademy, real companies post genuine job openings and applying is direct: your profile is free, accepts PDF CVs, and sends new job alerts via email and WhatsApp. Browse job vacancies in Mozambique and choose employers that honour your contract from day one.

Where these numbers come from

Law no. 13/2023 of 25 August (Labour Law), Official Gazette (Boletim da República), Series I — Articles 112 (definition and types of absences), 113 (Medical Board), 114 (effects of justified absences), and 115 (effects of unjustified absences);
Articles 14 and 15 of the same law — maternity and paternity leave;
Law no. 13/2023 in force since 21 February 2024, based on the text published in the Official Gazette (Boletim da República) and consulted in full for this guide.

Frequently asked questions

How many days of leave do I get for marriage?

Five days, under paragraph a) of Article 112 of Labour Law 13/2023. As this is a foreseeable absence, notify your employer at least two days in advance — and keep a record of your communication.

How many days of bereavement leave are excused?

Five days upon the death of a spouse, de facto partner, parent, child, sibling, grandparent, grandchild, stepfather, stepmother, parent-in-law, son-in-law, or daughter-in-law. For aunts, uncles, cousins, nieces, nephews, and siblings-in-law, the law sets two days.

If I am sick for one day, do I lose my pay?

Absence due to illness is excused (paragraph d) and does not cost you length of service or annual leave. Regarding pay, the law allows your employer not to pay for these absences — that is where sick pay from INSS (Social Security) comes in, based on your contributions.

Can I take time off to accompany my hospitalised child?

Yes. Paragraph e) excuses the absence of mothers and fathers accompanying children — or minors under their care — admitted to a hospital, and Article 114 guarantees that this period is not deducted from your annual leave or your pay.

How many unexcused absences lead to dismissal?

The law sets clear thresholds: three consecutive days or six non-consecutive days within a six-month period can trigger disciplinary proceedings. Fifteen consecutive days without justification create a presumption of abandonment of post. The guide to dismissal in Mozambique details the process and deadlines.

Do excused absences count towards annual leave and length of service?

Yes, they do. Article 114 prohibits any loss or detriment to rights regarding pay, length of service, and annual leave — and Article 112 considers normal working hours plus excused absences as actual service.

Can my employer refuse an absence for a sports championship or show?

Paragraph h) depends on prior or subsequent approval from your employer. Without approval, the absence is unexcused. Submit your request in writing in advance, and ask for their response in writing as well.

In summary, what to do today

Keep your contract safe and check what it says about reporting absences.
Before taking a planned absence, give two days' notice and keep a written record.
Always gather documents proving your reason: medical certificates, official certificates, or proof of hospital admission.
Cite the legal article in your request (art. 112) — it makes things easier for HR.
Long-term illness? Find out about INSS (Social Security) sickness benefit before your days run out.
If the company deducts pay for justified absences without a legal basis, ask for a written explanation and, if you get no reply, take the case to the General Inspectorate of Labour.

Official source: Law No. 13/2023 (Labour Law) is available as a PDF on the website of Mozambique's Supreme Court (Tribunal Supremo): official text (PDF).