At Happymami we want to help mums and dads to know all the rights they can enjoy with the new breastfeeding leave to take care of their baby during the breastfeeding period while they are working.
This update is a significant step forward in supporting working families and breastfeeding, providing more flexibility and time to care for babies.
Before delving into the fine print of accumulated breastfeeding leave, it is worth pointing out that this is a recognised right for all workers to care for a breastfeeding baby up to at least nine years of age. Moreover, this leave is independent of the choice of breastfeeding, whether it is natural or artificial,
What is the new breastfeeding leave?
The Second Vice-President of the Government and Minister of Labour, Yolanda Díaz, announced a significant reform of breastfeeding leave.
From now on, this leave will be extended to a total of 28 days for all workers in Spain.
This change represents an important step forward in equality and support for working mothers, eliminating previous inequalities.
In addition, this reform includes public sector employees, ensuring that all Spanish workers benefit from this extended right.
Features of the new breastfeeding leave
- Personal and cannot be transferred
- It can be enjoyed by both mums and dads.
- Remunerated
When breastfeeding leave is requested, there will be no decrease in income related to salary aspects, such as basic salary, overtime and voluntary allowances. Instead, the mother who applies for this leave receives the “Co-responsible Caregiver’s Allowance” from the employer. However, the employer has the right to reduce or deduct productivity or attendance-related bonuses on a pro rata basis, while keeping the basic salary intact.
In an exceptional case, where both parents apply for breastfeeding leave under the same conditions until the child reaches one year of age, there may be a proportional reduction in pay for the remaining three months. In this situation, the Social Security Act provides for a financial benefit for this period, but only one of the parents can receive it, according to Article 183 of the General Social Security Act.
- Intended for children under 9 months, but can be extended to 12 months, but only when both parents apply for the same duration and mode of leave. In this case, it can be extended until the baby is one year old.
What is the new breastfeeding leave?
Breastfeeding leave”, also known as “leave for the care of a breastfeeding child”, has long been a right in Spain. In 2019, there was an important change: both men and women can take this leave. This means that workers can take off one hour a day, with no reduction in pay.
Article 37.4 of the Workers’ Statute details breastfeeding leave. This leave, as mentioned above, gives workers the right to be absent from work for one hour a day to care for their infant until the child reaches nine months of age, which can be divided into two periods.
In situations of multiple births, adoptions or fostering, the duration of this leave is extended proportionally. This benefit, however, is subject to the conditions set out in collective bargaining or agreements with the company. In addition, the length of leave increases proportionally to the number of children.
For example, for two children, two hours are granted.
The reduction of working hours related to this leave is an individual right of workers and is not transferable to other parents or carers.
In cases where two employees of the same company request this leave for the same reason, the company may limit their simultaneous use for operational reasons, offering alternatives to ensure leave entitlement and work-life balance.
In addition, parents may choose to extend the period of leave until the infant reaches the age of twelve months, with a proportional reduction in salary after nine months.
There is also the option to reduce the working day by half an hour or to accumulate the leave in full days, depending on the worker’s preference.
How to use the new breastfeeding leave?
As soon as the mother or father returns from sick leave, he or she can take breastfeeding leave consisting of one hour’s absence per day. The main novelty in 2023 is how this leave is distributed until the baby is 9 months old. There are several options:
- Take one full hour a day.
- Divide the hour into two half-hours.
- Shorten half an hour of the day at the beginning or at the end.
- Accumulate leave if the collective agreement allows it.
There is no one option that is better than another, it depends on the needs of each mother. What is important is that the company demonstrates its commitment to work-life balance and is willing to listen to employees’ concerns.
How to apply for the new breastfeeding leave
It is sufficient to submit a written request to the human resources department at least 15 days before the desired date in order to start exercising this breastfeeding leave.
Despite the recent amendment, an official format for applying for a permit has not yet been established. A document reflecting the parent’s willingness to apply for leave, including essential data and relevant dates, is sufficient. This request can be submitted in physical or digital format, always requesting that the company confirms receipt and approval of the request.
Are there any limitations to the new breastfeeding leave?
At present, leave of absence from work for breastfeeding depends on labour agreements or collective bargaining. This right is not transferable between parents or carers.
On the other hand, if two employees of the same company apply for leave for the same reason, the company may restrict their simultaneous use for operational reasons and must provide alternatives for both employees.
In addition, the leave can be extended until the baby is 12 months old, with a proportional reduction in salary after nine months. It is also possible to exchange this right for a half-day reduction or to accumulate it in full days.
Conclusion on the new breastfeeding leave
The government’s recent extension of breastfeeding leave to 28 days is a significant step towards greater support for working families. This change reflects a deep understanding of the needs of parents in early parenting.
It represents a commitment to the health and well-being of families, giving dads more time to nurture and care for their babies at a crucial stage.
Undoubtedly, this reform is a step forward in building a more inclusive society that is aware of the importance of breastfeeding and responsible parenthood.
