Breastfeeding leave is included in article 37.4 of the Workers’ Statute, which indicates that in the cases of birth, adoption, custody for the purposes of adoption or foster care, workers will have the right to one hour of absence from work, which they may divide into two fractions, for the care of the infant until he or she is nine months old. The duration of the permit will be increased proportionally in cases of birth, adoption, custody for the purposes of adoption or multiple foster care.
Until now, the right to be absent was conditional on the provisions of collective bargaining or the agreement reached by the worker with the company. However, the Ministry of Labor has agreed to this modification for its direct application in all cases.
The Council of Ministers approved the modification of article 37.4 to extend to all employees the possibility of enjoying breastfeeding leave cumulatively for up to 28 days.
However, CCOO highlights that this modification does not represent a change in the permit itself or in the recognized time, which is one hour of workday until the child turns nine months old and can be enjoyed cumulatively for up to 28 consecutive days. .
The Statute establishes that workers have the right to one hour of absence from work that they can also divide into two fractions.
Parents, adopters, guardians or foster parents may exercise this right with the same duration and regime. The period of enjoyment may be extended until the infant is twelve months old, with a proportional reduction in salary after nine months.
Until now, breastfeeding leave could be enjoyed cumulatively and not half an hour a day when it was included in the collective agreement that protected workers. However, now with this modification, public employees will also be able to benefit.
