Today the Government has reinforced one of the articles of the Workers' Statute to make it clear that all employees have the right to up to 28 days of breastfeeding leave if they take them for accumulated days. The vice president and Minister of Labor, Yolanda Díaz, explained that this permit already existed although many companies did not give the option if it was not included in the collective agreement.
Until now, the rule states that workers have the right to take one hour of absence from their workplace to care for the infant until the baby is nine months old (up to 12 in certain cases), they can take advantage of this leave and accumulate those hours in full days, but many companies do not provide that if it is not in the agreement. This leave is paid and can be taken by both the father and the mother.
In October, the so-called breastfeeding permit was already approved, which stated that it is an individual and non-transferable permit, which both the father and the mother can request simultaneously. The company pays for breastfeeding leave and cannot limit the right to this leave or condition the choice of how to use it and that it can be enjoyed by those who have children up to 9 months.
According to this rule, there are several modalities: absence of 1 hour per day or in two fractions, reduction of half an hour in the working day or accumulating full days. In the case of multiple births, adoptions or foster care, the leave increases proportionally to the number of children.
After 16 weeks of maternity or paternity leave (which the Government has committed to extending to 20 weeks), the time parents spend with their child can be extended. With this breastfeeding permit, what is called the “breastfeeding triangle” is consolidated, made up of the father, the mother and the baby, to ensure the care of the child and maintain breastfeeding if the family wishes.
