The other day we echoed the Proposal of Law presented by United We can to extend the lactation permit of the current nine months, until the baby reaches its first year. But, What is the breastfeeding permit?
It is a right included 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 is and everything you need to know to request it.
What is the breastfeeding permit?
The lactation permit It has nothing to do with maternity leave, nor with the feeding option that the mother has chosen for her baby, either breastfeeding or formula milk.
In Babies and more According to the AEPap, maternity leave should be extended to at least six monthsAs we can read in the Workers Statute, it is a right that all workers have to reduce your workday in a certain time (now we will analyze it in more detail) and until your baby turns nine months old.
If you are an official, you should consult article 48.F of the Basic Statute of the Public Employee to know the conditions of the breastfeeding permit, since they have nothing to do with those contained in the Statute of Workers
How does this permit affect the worker's day?
The permit consists of a time of absence from work that you can divide into two fractions of half an hour each.
Another option is that reduce your workday in half an hour at the beginning or end of it (that is, enter half an hour later or leave half an hour before).
If it is foreseen in the collective agreement, or an agreement is reached with the company, there is also the possibility of enjoy a cumulative breastfeeding permit, which consists of grouping in full days, the breastfeeding time to which you are entitled until your baby turns nine months, discounting the rest days and holidays.
In Babies and more, they publish the 'Legal Guide to Breastfeeding': know all your rights as a nursing motherThis calculation must be done in the terms provided in the collective bargaining, or according to the agreement reached with the employer. When possible, this is usually the option that most women resort to, since it allows them to add their days to maternity leave and lengthen the leave a little more.
Although it is the collective agreements that will establish the calculation of the days of permission that correspond to the lactation permit, as we can read in the Artemis Guide, of UGT, there is a recent ruling of the Supreme Court stating that "the accumulation in full days must be obtained by going to the time of absence and not to the half hour of reduction of the day".
Therefore, with this judgment it is ruled that the calculation for the accumulation of full-time breastfeeding should be made about one hour of absence and not about half an hour of reduced time.
The duration of the lactation permit will be proportionally increased in cases of multiple birth, adoption or foster care.
In Babies and more Childcare leave: everything you need to know before requesting itCan the father enjoy this permission?
Yes. As of Law 3/2012, of July 6, on urgent measures for labor market reform, the nursing license has been individualized and It can be enjoyed interchangeably by either parent. But only you or your partner can request it in case you both work.
The recent Proposal of United Law We want both parents to be able to access the permit and enjoy it at the same time, with the aim of favoring co-responsibility in childcare.
Can you fire me for applying for a breastfeeding permit?
As we said at the beginning, the lactation permit is a worker's right, so if a dismissal occurs when requested, it would be considered a null dismissal for violation of fundamental rights of the worker.
Likewise, during your lactation permit they cannot fire you, unless it is a justified dismissal for disciplinary reasons.
In Babies and more, almost half of Spanish mothers still have problems reconciling breastfeeding and work away from homeOther aspects to consider before requesting this permit:
It is a permit paid by the company, both in the case of one hour of absence, as a reduction of working time in half an hour or accumulated in full days.
As a worker, you have the obligation to notify the employer 15 days before starting your lactation permit (or with the term determined by its application agreement), and to specify the exact date of commencement and termination thereof.
You have the right to choose how to use your breastfeeding permit during your workday. If you do not reach an agreement with the employer about this point, it is advisable to consult with an expert in the field for advice.
If you are already enjoying a reduction of the day for childcare, you should know that you can also exercise your right to request a nursing license, since Both permits are different and cumulative.
In Babies and more Do you run out of maternity leave but want to continue breastfeeding? We tell you how to do it and what you should consider
