Everything you need to know to apply for a breastfeeding permit

Breastfeeding is one of the most important moments for a baby, that is why breastfeeding must be respected during the baby’s first year. In this article we leave you all the keys to know what the breastfeeding permit is and how to process it.

WHAT IS THE BREASTFEEDING PERMIT?

It is a leave regulated by article 34.7 of the Workers’ Statute that gives the right to one hour of absence from work for the birth or adoption of a child for breastfeeding. This leave can be extended until the baby is nine months old. The duration of the permit may be increased proportionally in cases of multiple birth or adoption.

This is how we can find it in the Workers ‘ Statute: ” 4. In the cases of child birth, adoption or foster care in accordance with article 45.1.d) of this Law, for the breastfeeding of the minor until it reaches nine months, the workers will have the right to one hour of absence from work, which may divide into two fractions. The duration of the permit will be increased proportionally in cases of multiple birth, adoption or foster care.

Whoever exercises this right, by his will, may replace it by a reduction of his working day by half an hour for the same purpose or accumulate it in full days in the terms provided in the collective bargaining or in the agreement reached with the employer, respecting, in your case, what is established in it.

This permission constitutes an individual right of the workers, men or women, but it can only be exercised by one of the parents if they both work.

4.bis In the cases of premature births or those who, for any reason, must remain hospitalized after delivery, the mother or father shall have the right to absent from work for one hour. Likewise, they will have the right to reduce their working hours to a maximum of two hours, with a proportional decrease in salary. For the enjoyment of this permit, the provisions of section 6 of this article will be followed. ”

We can see that in the case of officials this permission can last up to a year. The law also allows you to accumulate the hours of this leave to be able to enjoy it in full days and delay the incorporation to work between 15 and 18 days .

In the event that the latter case is chosen, it will be the collective agreements that will establish the days of leave that correspond to the worker or the agreement between the worker and the company.

The worker also has the possibility to decide the hours in which he can enjoy this breastfeeding period. So we see that the law has three possibilities :

– 1 hour of absence from work: which can be divided into two fractions (two half hours).

– A reduction in working hours by half an hour: you can request to enter or leave half an hour earlier. In this case, it would be considered a reduction of the working day and the breastfeeding time is changed by half an hour.

– The accumulation in full days: breastfeeding hours are converted into full days when so permitted by the collective agreement or agreed with the employer. In this case, a letter must be submitted to the company requesting the exercise of cumulative breastfeeding.

To request breastfeeding permission, the worker must notify the company 15 days in advance or the one determined in the collective agreement. In the case of cumulative breastfeeding, you must specify the date on which the leave will begin and end.

HOW CAN WE CALCULATE CUMULATIVE LACTATION?

In the first place, from the end of maternity and paternity leave, one hour a day for each working day begins, discounting holidays and rest days, from when breastfeeding is requested until the child reaches nine months. This total of hours (which is the total of working days) is divided by the hours that the worker has on working hours and what is given is the day of accumulation for breastfeeding.

CAN THE FATHER ASK FOR BREASTFEEDING PERMISSION?

Yes, this permission is a right that can be exercised not only by the mother, the father also has the right to reduce his half-hour day or accumulate it in full days, although only both of them can enjoy it at the same time in certain cases. Spanish law recognizes that breastfeeding leave is an “individual right of workers, men or women, but it can only be exercised by one of the parents if they both work .”

Given this, we can find various options:

– If both parents work, only one can enjoy it.

– If a parent is self-employed and another is employed, the latter may request it without problems, regardless of gender.

– If neither of you works, there is no charge. It is a benefit that requires being registered in a Social Security scheme.

IS THE SALARY MAINTAINED IN THE LACTATION LEAVE?

Breastfeeding is paid leave, so if you choose breastfeeding leave you are entitled to the same salary as if you were not working. On the other hand, if breastfeeding is accumulated, they can deduct the days that you are not going to work but only from the salary concepts of the payroll that are really compensation for expenses, that is, diets, transport, dining room, etc. But not the base salary.

WHAT HAPPENS IN THE CASE OF TWINS?

In the case of twins, the worker may be absent two hours a day from work. That is, it is the same right but multiplied by two, the breastfeeding leave is multiplied in these cases. And so it will also happen with triplets, quadruplets, etc.

For accumulated lactation, you would have to go to the agreement and the company.

DOES THE MOTHER WHO DOES NOT BREASTFEED HER BABY HAVE THE RIGHT TO BREASTFEEDING PERMISSION?

Yes, this is called an Artificial Breastfeeding permit . The law also takes into account the problems of childbirth or those impediments that can limit the feeding of the baby in a natural way. So those parents who are giving the bottle to their child may also ask for permission .

IF THE COMPANY DOES NOT WANT TO GRANT PERMISSION FOR LACTATION, WHAT CAN BE DONE?

If, in any case, the company refuses to give the worker breastfeeding permission, whether artificial or natural, the worker has the right to file a lawsuit against the company in which he can request damages. This demand, in addition, must be made known to the union representatives of the company, who must also take action on the matter.