The other day we echoed the Proposition of Law presented by Unidos Podemos to extend the breastfeeding permit for the current nine months, until the baby reaches its first year. But what is breastfeeding leave?
It is a right contained in article 37.4 of the Workers’ Statute that has nothing to do with the feeding option chosen for your baby. We tell you what exactly it consists of and everything you need to know to request it.
What is the breastfeeding permit?
Breastfeeding leave has nothing to do with maternity leave , nor does it have anything to do with the feeding option that the mother has chosen for her baby, be it breastfeeding or formula milk.
As we can read in the Workers’ Statute, it is a right that all workers have to reduce their working hours in a certain time (now we will analyze it in more detail) and until their baby reaches nine months .
If you are a civil servant, you must consult article 48.F of the Basic Statute of Public Employees to know the conditions of the breastfeeding leave, since they have nothing to do with those contained in the Workers’ Statute
How does this permit affect the worker’s day?
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The leave consists of an hour of absence from work that you can divide into two fractions of half an hour each.
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Another option is that you reduce your working day by half an hour at the beginning or end of it (that is, you enter half an hour later or leave half an hour earlier).
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If it is foreseen in the collective agreement, or an agreement is reached with the company, it is also possible to enjoy an accumulated breastfeeding leave , which consists of grouping in full days, the breastfeeding time to which you are entitled until your baby turns nine months, discounting rest days and holidays.
This calculation must be done under the terms provided for in collective bargaining, or according to the agreement reached with the employer. When possible, this is usually the option that women use the most, since it allows them to add the days to maternity leave and extend the leave a little more.
Although it is the collective agreements that will establish the calculation of the days of leave that correspond to breastfeeding leave, as we can read in the Artemisa Guide, from UGT, there is a recent ruling from the Supreme Court that declares that “the accumulation in full days must be obtained by going to the hour of absence and not to the half hour reduction of working hours “ .
Therefore, with this sentence it is ruled that the calculation for the accumulation of breastfeeding in full days must be done on an hour of absence and not on the half hour reduction of the working day.
Can the father enjoy this permission?
Yes. As of Law 3/2012, of July 6, on urgent measures for the reform of the labor market, the breastfeeding leave has been individualized and can be enjoyed indistinctly by either of the two parents . But only you or your partner can request it if you both work.
The recent Proposition of Law of Unidos Podemos aims that both parents can access the permit and enjoy it at the same time, with the aim of favoring joint responsibility in the care of children.
Can I get fired for applying for breastfeeding leave?
As we said at the beginning, breastfeeding leave is a right of workers, so in the event of a dismissal upon request, it would be considered a null dismissal for violation of the fundamental rights of the worker.
Likewise, while your breastfeeding leave lasts, they will not be able to fire you, unless it is a justified dismissal for disciplinary reasons.
Other aspects to take into account before requesting this permit:
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This is a leave paid by the company , both in the event of an hour’s absence, as a reduction of the working day by half an hour or accumulated in full days.
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As a worker, you have the obligation to notify the employer 15 days before starting your breastfeeding permit (or within the term determined by your application agreement), and to specify the exact start and end date of the same.
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You have the right to choose how to use your breastfeeding leave within your working day. If you do not reach an agreement with the employer on this point, it is advisable to consult an expert in the field for advice.
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If you are already enjoying a reduction in working hours for childcare, you should know that you can also exercise your right to request a breastfeeding permit, since both permits are different and cumulative.
Photo | iStock
Via | Artemis Guide – UGT
