After maternity, the return to work is a topic that can be a bit overwhelming. If you are still breastfeeding, you may feel that it can be a big problem to return to your work routine. But don’t worry mum, even if you reduce the amount or frequency of feedings, all the good things you give your baby through breastfeeding will remain. And to achieve this, we at Happymami have prepared this post that talks about maternity leave.
Design my bottleWhat is breastfeeding leave?
With the implementation of the new Family Law, which has recently come into force, there have been changes in this area that you should be aware of.
After 16 weeks of parental leave, there is still an opportunity to extend the valuable time parents spend with their child. This is Breastfeeding Leave, a benefit designed to strengthen what is known as the ‘breastfeeding triangle’ of father, mother and baby. Its purpose is to ensure the well-being of the child and to support breastfeeding if the family chooses to do so.
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 onwards, both parents have the possibility to enjoy it simultaneously.
This benefit is paid and allows parents to be absent from work for one hour a day, in various ways that will be explained below, until the child reaches nine months of age. Furthermore, in accordance with the provisions of Article 37.4 of the Workers’ Statute, in cases of multiple births, adoptions or fostering, leave is extended in proportion 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 a 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 below. This leave can be taken until the child is 9 months old. El permiso puede extenderse más de los 9 meses en el caso de que ambos progenitores soliciten el permiso con la misma duración. As a result, it can be extended until the baby is one year old.
Furthermore, in accordance with the provisions of article 37.4 of the Workers’ Statute, in situations of multiple births, adoptions or fostering, the leave is increased in proportion to the number of children.
Design my bottleHow do I apply for breastfeeding leave?
To access this benefit, it is simply necessary to submit a written request to the human resources department at least 15 days in advance of the desired date of commencement of leave.
Despite this recent reform, there is still no official format for applying for this permit. A document clearly stating the parent’s intention to obtain leave, including essential information and the desired dates, is quite sufficient. This application can be submitted in person or electronically, always requesting confirmation from the company that the application has been received and subsequently approved.
How can you take advantage of the new breastfeeding leave?
Infant care leave offers a number of flexible options for parents who wish to be present in their child’s early life. Let us look at these alternatives in a more detailed and attractive way:
1. Be absent for one hour a day, with flexibility: The interesting thing is that this hour can be divided into two parts if preferred. Here, the employee has the power to choose when to take his or her leave, always within the regular working day.
2. Reduced working hours at the beginning or end of the day: This option provides even greater flexibility by adapting the working day to spend more time with the child.
3. Accumulation of hours for 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 a number of factors, such as working days, public holidays, weekends and daily working hours. In general, it usually accumulates over 15 days, but this is not a fixed rule. In addition, there is a modality that extends up to 12 months of age of the baby when both parents enjoy this right with the same duration and regime. In that case, between the baby’s 9th and 12th month, there is a proportional reduction in salary.
Is the new maternity leave compatible with other leave?
It is important to note that during the period of infant care leave, workers have the possibility to access other types of additional leave and benefits. Here we explain the options available:
Reduced working hours
It should be noted that leave to care for an infant is 100% compatible with the reduction of the working day to care for a child under 12 years of age. Although both leaves are related to childcare, they are different leaves. Infant care leave is paid, while reduced working hours entail a reduction in pay. This means that parents can choose to take one or the other, according to their needs and preferences.
Holidays
During infant care leave, holidays are not compatible and are postponed until the end of this leave. This ensures that parents can enjoy quality time with their newborn child before taking their holiday.
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 in accordance with Article 37.4 of the Workers’ Statute, parents also have the option of taking parental leave. What is remarkable is that this can be done without a reduction in salary, providing greater flexibility for parents who want to be more involved in raising their children without worrying about loss of income.
How much is paid during breastfeeding leave?
When an employee applies for breastfeeding leave, note that their income in terms of wages will not be affected, which means that the basic salary, overtime and voluntary allowances will remain unchanged. When applying for breastfeeding leave, you get access to what is known as the ‘Co-responsible Infant Care Benefit’, which is provided by the employer.
However, it is relevant to mention that the company has the power to reduce or deduct on a pro rata basis allowances related to productivity or attendance at the workplace. Note that the basic salary always remains unchanged.
There are exceptional situations that deserve a separate mention, as they do involve a reduction in pay. This occurs when both parents apply for breastfeeding leave, with the same duration and conditions, and is extended until the child reaches one year of age.
In this particular case, the decrease in salary for the remaining three months is done on a pro rata basis. However, in this circumstance, the employee is not left helpless, as the social security law provides for a financial benefit for this period, as stipulated in Article 183 of the General Social Security Law. Therefore, only one parent can receive this benefit.
Is it possible to take breastfeeding leave on a part-time contract?
In part-time employment arrangements, the right to breastfeeding leave is not diminished, so that it is granted to the same extent as if the contract were a full-time contract. It is not valid for the employer to want to reduce the leave in proportion to the hours worked, as several court decisions support the idea that in this context there should be no differentiation between part-time employees.
What would happen if breastfeeding leave coincides with holidays?
If leave is scheduled during the period of breastfeeding leave, the right to take such leave is retained after the end of the leave, irrespective of whether the calendar year to which the leave relates has ended.
Can you be fired while on breastfeeding leave?
Termination of employment resulting from the application for or taking of breastfeeding leave is considered an invalid dismissal. There must always be a justified cause unrelated to the request for breastfeeding leave.
In addition, if the company refuses the parent’s choice of working hours, legal proceedings will be initiated, in accordance with Article 139 of the Law on Social Jurisdiction, in which the company must demonstrate the technical or organisational reasons for its disagreement with the proposed working hours.
Conclusion breastfeeding leave
In summary, with the recent implementation of the Families Act, significant changes have been made to Breastfeeding Leave, a valuable entitlement that allows parents to extend the time spent caring for their child after 16 weeks of parental leave. This leave seeks to strengthen the bond between mother, father and baby by supporting breastfeeding if the family chooses to do so.
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 modalities of use detailed below, until the child is nine months old. In addition, in cases of multiple births, adoptions or fostering, leave is extended in proportion to the number of children, ensuring 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 Happymami bottle. 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 your mother’s breast or from your Happymami. This will allow you to combine your breastfeeding when you are away and your little one will not suffer from the dreaded nipple-nipple confusion factor.
Design my bottleRely on experts to advise you. And count on us, at Happymami we have been studying breastfeeding as a whole for years 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 find all the information you need about motherhood.
