Maternity leave: what are your options?

After maternity, going back to work is a subject that often causes a little stress. If you carry on with your breastfeeding, you may think that getting back into the work routine could be a big problem. But don't worry, mum: even if the number or frequency of feeds goes down, all the good things breastfeeding gives your baby will still be there. And to help you achieve it, at Happymami we have prepared this post about work leave during maternity.

What does breastfeeding leave consist of?

With the implementation of the new Families Act, which has recently come into force, some changes have appeared in this area that it would be useful for you to be aware of.

After enjoying 16 weeks of maternity or paternity leave, there is still the opportunity to extend the valuable time that parents spend with their little one. This is breastfeeding leave, a benefit designed to strengthen what is known as the 'breastfeeding triangle', made up of the father, the mother and the baby. Its purpose is to guarantee the child's wellbeing and to support breastfeeding if the family so decides.

Breastfeeding leave is an exclusive and non-transferable right, which means that it cannot be delegated from one parent to the other. However, from 2023, both parents have the possibility of taking it at the same time.

This benefit is paid and allows parents to be absent from work for one hour a day, in various ways that will be explained further on, until the child reaches nine months of age. In addition, in accordance with article 37.4 of the Workers' Statute, in cases of multiple births, adoptions or foster placements, the leave is extended proportionally to the number of children. For example, in the case of two children, two hours are granted.

How many days is breastfeeding leave?

This is paid leave that allows parents to be absent from work for 1 hour a day, with different ways of using it that we will explain further on. This leave can be taken until the child is 9 months old. The leave can be extended beyond 9 months if both parents request it with the same duration. As a result, it can be extended until the baby is one year old.

Furthermore, as set out in article 37.4 of the Workers' Statute, in situations of multiple births, adoptions or foster placements, the leave is increased proportionally to the number of children.

How do you apply for breastfeeding leave?

To access this benefit, you simply need to submit a written request to the human resources department at least 15 days before the date on which you wish to start taking the leave.

Despite this recent reform, there is still no official form for requesting this leave. A document clearly stating the father's or the mother's intention to obtain the leave, including the essential information and the desired dates, is completely sufficient. This request can be submitted in person or electronically, always asking the company for confirmation that the request has been received and subsequently approved.

In what ways can you take the new breastfeeding leave?

Leave to care for an infant offers a series of flexible options for parents who want to be present in their children's early life. Let's look at these alternatives in more detail and in a more appealing way:

1. Being absent for one hour a day, with flexibility: the interesting thing is that this hour can be split into two parts if you prefer. Here, the worker has the power to choose when to take their leave, always within the regular working day.

2. Reducing the working day at the beginning or at the end of the day: this option offers even greater flexibility by adapting the working day to spend more time with the child.

3. Accumulating hours into full days: accumulating the hours of this leave to obtain full days is another valuable alternative. How many days can be accumulated? This can vary depending on various factors, such as working days, public holidays, weekends and the daily working hours. In general, it is usually accumulated over 15 days, but this is not a fixed rule. In addition, there is a form of leave that extends until the baby is 12 months old when both parents take this right with the same duration and arrangements. In that case, between 9 and 12 months of the baby, there is a proportional reduction in salary.

Is the new maternity leave compatible with other types of leave?

It is important to bear in mind that during the period of leave to care for a breastfed baby, workers have the possibility of accessing other types of leave and additional benefits. Here we explain the options available:

Reduction of working hours

It is worth noting that leave to care for a breastfed baby is 100% compatible with the reduction of working hours to care for a child under twelve years of age. Although both types of leave are related to looking after children, they are different forms of leave. Leave to care for an infant is paid, whereas a reduction of working hours involves a reduction in salary. This means that parents can choose to take one or the other, according to their needs and preferences.

Holidays

During leave to care for a breastfed baby, holidays cannot be taken at the same time and are postponed until this leave ends. This guarantees that parents can enjoy quality time with their newborn before taking their holidays.

Leave of absence

If the company's collective agreement includes the possibility of accumulating the 15 calendar days corresponding to the hour of absence from work as set out in article 37.4 of the Workers' Statute, parents also have the option of taking a leave of absence to care for a child. What is remarkable is that this can be done without suffering a reduction in salary, which offers greater flexibility for parents who want to be more present in their children's upbringing without worrying about losing income.

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How much do you get paid during breastfeeding leave?

When an employee requests breastfeeding leave, bear in mind that their income will not be affected in terms of salary, which means that the base salary, overtime and voluntary supplements remain unchanged. By requesting breastfeeding leave, you gain access to what is known as the 'Benefit for the Co-responsible Exercise of the Care of a Breastfed Baby', which is provided by the company.

However, it is worth mentioning that the company has the power to reduce or deduct proportionally the supplements related to productivity or attendance at the workplace. It should be noted that the base salary always remains intact.

There are exceptional situations that deserve a separate mention, because they do involve a reduction in salary. This happens when both parents request breastfeeding leave, with the same duration and conditions, and it extends until the child is one year old.

In this particular case, the reduction in salary during the remaining three months is made proportionally. However, in this circumstance, the employee is not left unprotected, since the social security law provides for a financial benefit for that period, as stipulated in article 183 of the General Social Security Act. That is why only one of the parents can receive this benefit.

Can you request breastfeeding leave with a part-time contract?

In part-time working arrangements, the right to breastfeeding leave is not reduced, so it is granted to the same extent as if the contract were full-time. It is not valid for the company to want to reduce the leave in proportion to the hours worked, since various court rulings support the idea that in this context there should be no differentiation between part-time employees.

What would happen if breastfeeding leave coincides with your holidays?

If you have holidays scheduled during the period in which you are taking breastfeeding leave, you keep the right to take those holidays once the leave has ended, regardless of whether the calendar year to which those holidays correspond has already come to an end.

Can they dismiss you while you are taking breastfeeding leave?

Termination of employment resulting from requesting or taking breastfeeding leave is considered an invalid dismissal. There must always be a justified reason that is not related to the request for breastfeeding leave.

Maternity leave 2025

1. Leave for Birth and Care of a Minor: Currently, both the mother and the other parent are entitled to 16 weeks of leave, of which the first 6 are compulsory and uninterrupted after childbirth.
2. Proposed Extension to 20 Weeks: The Government has expressed its intention to extend this leave to 20 weeks for each parent.
3. 8-Week Parental Leave: There is an additional parental leave of 8 weeks until the child turns 8 years old.
4. Breastfeeding Leave: Both parents are entitled to one hour of absence from work per day until the baby is 9 months old.

Breastfeeding leave conclusion

In summary, with the recent implementation of the Families Act, relevant changes have been introduced to breastfeeding leave, a valuable right that allows parents to extend the time dedicated to caring for their child after enjoying 16 weeks of maternity or paternity leave. This leave seeks to strengthen the bond between the father, the mother and the baby, supporting breastfeeding if the family so chooses.

Breastfeeding leave is an exclusive and non-transferable right, but from 2023, both parents can take it at the same time. This benefit is paid and allows parents to be absent from work for one hour a day, with different ways of using it that are detailed further on, until the child is nine months old. In addition, in cases of multiple births, adoptions or foster placements, the leave is extended proportionally to the number of children, guaranteeing greater support for families in these circumstances.

To protect your breastfeeding while you are at work, I advise you to look for a bottle that protects your breastfeeding, such as the one from Happymami. A bottle designed 100% by you, for your baby, with which you can reproduce your anatomy so that there is no difference between breastfeeding from the mother's breast or from your Happymami. That way you will be able to combine your breastfeeding when you are not there, and your little one will not suffer from the dreaded teat-nipple confusion factor.

Rely on experts to advise you. And count on us: at Happymami we have spent years studying breastfeeding as a whole in order to offer the bottle that protects breastfeeding, by recreating the mother's breast. You can also find us at Happymami Selected, a club for mums like you where you will have all the information related to maternity.

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Frequently asked questions

When do the 20 weeks of maternity leave come into force?

The 20 weeks of maternity leave are not yet in force. This extension is proposed by the Spanish Government and could be implemented from 2025, subject to its inclusion in the General State Budget. Until now, leave for birth and care of a minor remains at 16 weeks.

How many months is maternity leave?

Current maternity leave is 16 weeks, which is equivalent to 4 months. The first 6 weeks are compulsory and must be taken without interruption after childbirth. The remaining 10 weeks can be distributed in weekly periods, according to the mother's needs, until the baby is 12 months old.

What leave does the father have during pregnancy?

The father does not have specific leave during the mother's pregnancy, but he can request certain employment rights, such as:

• Paid leave to accompany the mother to medical appointments or prenatal tests.
• Leave for birth and care of a minor: Currently, he has 16 weeks of leave after the birth of the baby, just like the mother.
• Parental leave: Since 2023, he is entitled to 8 weeks of parental leave until the child turns 8 years old. Part of this leave could be paid from 2025.

These rights aim to encourage shared responsibility and a good work-family balance.