Breastfeeding leave is a labour right of all employees with children under 9 months old and up to 12 months in specific cases.
Until May 2024, this leave was governed by specific features; however, recent modifications to the application and utilisation procedures have been enacted following the implementation of Royal Decree-Law 2/2024. These changes aim to enhance the clarity and efficiency of the process related to breastfeeding leave.
Main Changes in Breastfeeding Leave in Spain
Equality in Leave
One of the most significant changes in the regulation is the recognition of breastfeeding leave as an individual right for both parents. Previously reserved exclusively for mothers, the new regulation allows fathers to claim this leave. Both parents are now entitled to take the leave separately, ensuring that each can exercise this right independently.
Duration
Another relevant modification is the extension of the duration of the breastfeeding leave. Under the previous regulation, this right was limited to the first nine months of the child’s life. However, the new regulation extends it to 12 months, provided that the request is made before the child turns 9 months old and conditional on both parents requesting the leave for the same duration and under the same terms.
Accumulation of Leave
The new regulation introduces greater flexibility in how lactation leave can be accumulated and taken. Currently, employees can choose from four different options:
- One hour daily: Employees can leave work for one hour each day to exercise this right.
- One hour a day divided into two half-hour periods: The leave can be split into two 30-minute breaks throughout the workday.
- Reduction of half an hour in the workday at the beginning or end: This allows employees to reduce their working hours by 30 minutes, either starting later or finishing earlier.
- Accumulated leave: Employees can combine all their breastfeeding leave hours and take them consecutively, enabling them to enjoy full days off.
Paid Leave
Breastfeeding leave remains paid, ensuring employees maintain their salary and financial stability while exercising this right.
Rights and Obligations
Both parents can exercise the right to breastfeeding leave, individually or simultaneously. However, the right is non-transferable, meaning each parent must claim it independently.
Requirements for Requesting Breastfeeding Leave
Parents wishing to request breastfeeding leave must meet the following requirements:
- Be affiliated and registered with Social Security at the time of the request.
- Meet the minimum required contribution period as follows:
- For workers between 21 and 26 years old: 90 days of contributions in the last 7 years or 180 days throughout their career
- For workers aged 26 or older: 180 days of contributions in the last 7 years or 360 days throughout their career
- For workers under 21, no minimum contribution period is necessary.
Procedure for Requesting Breastfeeding Leave
- Written request: Employees must submit a written request to the company at least 15 days before the start of the leave. The request must specify the start date and total duration of the leave.
- Documentation: The employees must include the necessary documentation, such as a medical certificate, the child’s birth certificate, or other relevant documents depending on the situation.
- Choice of leave type: Employees can take leave by reducing their workday during regular hours or by accumulating it to be taken consecutively. This decision is at the employee’s discretion.
- Coordination and planning with the company: The employee and the company must coordinate effectively to ensure proper breastfeeding leave management.
The recent changes in the breastfeeding leave regulations in Spain aim to promote gender equality and facilitate work-life balance. By equating breastfeeding rights between men and women, the legislation acknowledges the importance of shared responsibility in child-rearing. The success of this modification will largely depend on effective collaboration and the commitment of all parties involved, both in the business and family spheres.
Eduardo De Sousa Gama
If you require legal advice to implement breastfeeding leave in your company,
