Carolina and Tomás have just gone back to work after the birth leave for their daughter. She wants to combine her breastfeeding hours into full days to spend more time at home; he wants to ask for his own hour. And both have hit the same wall: “you can’t do that”. In this guide we explain what the law really says about breastfeeding leave in Spain (permiso de lactancia): who is entitled to it, the three ways to take it (one hour a day, half an hour less of working time or combined into full days), how to request it and what to do if your company refuses.
If your company is making it difficult for you to take breastfeeding leave, you can write to Fernanda Vargas, employment lawyer in Madrid, on WhatsApp or book an appointment on Calendly to review your case before the deadlines run out.
“Breastfeeding leave is for the mother”: what Carolina and Tomás are told
Carolina is 30, Colombian, and holds a residence and work authorization. She works as a sales assistant in a perfume shop in Málaga. Her partner, Tomás, is a warehouse worker at a parcel delivery company. Their daughter was born five months ago and both have already finished their birth leave.
Carolina knows exactly what she wants: to combine her breastfeeding leave into full working days, that is, to turn all those separate hours into a number of consecutive days off so she can spend longer with her daughter. But her manager cuts her short: “In this shop we don’t combine it. It’s one hour a day, at the time I say”.
Tomás has it even worse. When he asks for the leave, his boss replies: “Breastfeeding leave is for the mother. If she’s already taking it, you’re not entitled to it”.
They are also wondering whether they could extend the leave until their daughter turns one. Let’s look, point by point, at how much their companies are right. Spoiler: very little. Carolina and Tomás’s details are an example to explain the rules, but their situation is very common.
A right of each parent, not just the mother
The first mistake is to think that breastfeeding leave is for breastfeeding. It is not. The leave exists for the care of the infant, that is, the baby, and it is not tied to breastfeeding. It does not matter whether the baby is breastfed, bottle-fed or both: what the law protects is the time to care for her.
That is why it belongs to workers in cases of birth, adoption, guardianship with a view to adoption or foster care. This includes adoptive and foster families, not only the person who gave birth.
The second mistake is the one made by Tomás’s boss. The law says that this leave is an individual right. This means it belongs to each worker, separately: there is no “one leave per baby” that the couple has to share, but one leave for Carolina and another for Tomás. It is also non-transferable: it cannot be handed over to the other parent. Carolina asking for it at her company takes nothing away from Tomás at his. Each of them takes it at their own job, and they can do so at the same time.
Is there any case in which the company can limit taking it at the same time? Only one: when both parents work for the same company and request the leave for the same baby. In that case, the company can limit them taking it simultaneously, but only for well-founded and objective reasons related to how the company operates, explained in writing, and it must offer an alternative plan that ensures both can take it. Carolina and Tomás work for different companies, so this exception does not even apply to them.
The three ways to take it: one hour a day, half an hour or full days
This is what article 37.4 of the Workers’ Statute (Estatuto de los Trabajadores) says in its first two paragraphs:
“In cases of birth, adoption, guardianship with a view to adoption or foster care, in accordance with article 45.1.d), workers shall be entitled to one hour of absence from work, which they may divide into two parts, for the care of the infant until the infant reaches nine months of age. The duration of the leave shall be increased proportionally in cases of multiple birth, adoption, guardianship with a view to adoption or foster care.”
“Whoever exercises this right may, at their own will, replace it with a reduction of their working day by half an hour for the same purpose or combine it into full working days.”
In plain words: until your baby turns nine months, you can take the leave in one of these three ways:
- One hour of absence a day, which you can divide into two parts (for example, half an hour at one time of day and half an hour at another).
- A reduction of your working day by half an hour: you work half an hour less every day.
- Combining it into full working days: instead of separate hours, you group the leave into whole days off work.
Note the words “at their own will”. The person who chooses the option is the worker, not the company. Carolina’s manager cannot decide for her that “here there is only the daily hour”.
And if you have had twins or triplets, or have adopted or fostered several children at once, the leave increases proportionally.
Combining breastfeeding leave: how many days and how to request it
Combining breastfeeding leave into full working days means adding up all the leave time you are entitled to and taking it in one go, as consecutive days off. This is the option Carolina wants, and it is very popular because it lets you spend longer at home with the baby.
But how many days is it? Here we need to be clear: the law does not set a number of days. How many full days you get when you combine it depends on what the collective agreement (convenio colectivo) that applies at your company says or, if it says nothing, on the agreement you reach with your company. That is why different figures circulate, and none of them is a general rule. The first thing Carolina should do is check the collective agreement that applies at her shop.
What the company cannot do is what her manager is doing: simply refuse the option to combine it. The law gives the worker the option to combine it. The collective agreement or the agreement with the company sets out how, but does not allow the company to remove that option.
To request it, the recommended way is:
- In writing (an email or a letter, keeping a signed or dated copy).
- At least 15 days in advance, or the notice period set by your collective agreement.
- Stating the option you choose (in this case, combining it into full working days) and the start and end dates.
- Checking the collective agreement first, as it may improve the leave or set how it is combined.
- Keeping the company’s reply, whatever it is.
Up to twelve months if you both take it the same way
Carolina and Tomás want to know if they can reach their daughter’s first birthday. The answer is yes, with one condition. The same article 37.4 allows the leave to be extended until the baby turns twelve months when both parents (or both adoptive parents, guardians or foster carers) exercise it with the same duration and arrangement.
In practice, this means both must take it in the same way and for the same length of time. If Carolina takes it one way and Tomás another, even if the difference is small, the condition is not met: the law requires the same duration and the same arrangement for both. If they agree and take it the same way, they can extend it until twelve months.
However, the extension comes at a price: from the time the baby turns nine months, the leave is taken with a proportional reduction in salary. In other words, during those extra months you earn less in proportion to the time you do not work.
Who chooses the schedule and how much notice to give
The second thing Carolina’s manager said, “at the time I say”, does not hold up either. Article 37.7 of the Workers’ Statute makes it clear:
“The specific scheduling and determination of the leave and reductions in working hours provided for in sections 4, 5 and 6 shall be for the worker to decide within their ordinary working hours.”
“Specific scheduling” (concreción horaria) means deciding exactly what time you are absent or in which part of the day you reduce your working hours. And that decision is yours, always within your ordinary working hours (your usual work schedule). If Carolina chooses the daily hour, she decides whether to use it at the start, at the end or at another point of her shift; if she chooses to combine it, she is the one who sets the dates.
In return, you have one obligation: to notify the company fifteen days in advance, or the notice period set by your collective agreement, except in cases of force majeure. In that notice you must state the date on which the infant care leave or the reduction in working hours will start and end.
If what you need is not exactly breastfeeding leave but a longer-lasting change of shift or schedule, you may be interested in the adaptation of working hours for work-life balance, which is a different right.
If the company refuses: the procedure and protection against dismissal
What can Carolina and Tomás do if, after requesting it properly, their companies still say no?
Going to court through a specific procedure
Disagreements between company and worker about the schedule or dates of breastfeeding leave are not left unresolved. The law says they are settled by the labor courts through a specific and preferential procedure, the one in article 139 of the Labor Jurisdiction Act (Ley reguladora de la jurisdicción social). “Preferential” means it is processed with priority, because these rights cannot wait for months.
Important: the deadline to go to court is short. If the company says no, or does not reply, do not let time pass and seek advice as soon as possible.
Dismissing you for requesting it may be null and void
Many people do not dare to claim for fear of losing their job. Here the law gives special protection: the dismissal of a worker who has requested or is taking breastfeeding leave is null and void, unless it is declared justified for reasons that have nothing to do with exercising that right (articles 53.4 and 55.5 of the Workers’ Statute).
You can read more about this protection in our guide on the dismissal of a pregnant worker and when it is null and void.
How Carolina and Tomás’s case is resolved
Let’s go back to our couple. Both are entitled to breastfeeding leave, because it is an individual right of each parent and does not depend on whether the other one requests it. Carolina can choose between the daily hour (divisible into two), the half-hour reduction or combining it into full working days. The number of combined days is set by her collective agreement or the agreement with the company, but the shop cannot refuse her the option to combine it. And she is the one who sets the schedule within her working hours, giving 15 days’ notice or the notice set by the collective agreement.
Tomás can request it in the same way at the parcel company: Carolina taking it takes nothing away from him. If both take it with the same duration and arrangement, they can extend it until their daughter turns twelve months, with a proportional reduction in salary from nine months. If the companies refuse, they can go to court through the specific procedure; and dismissing them for having requested it could be null and void.
If you are in a similar situation, Fernanda Vargas, employment lawyer in Madrid, can review your collective agreement, help you draft the request and defend your leave if the company refuses. Find out how she works on her employment law advice page.
Summary: the three options compared
| Option | How it works | Advantages | What to request |
|---|---|---|---|
| Daily hour of absence | You are absent for one hour each working day, in one go or in two parts, until the baby turns nine months | Daily flexibility; you can split it into two moments | The option and the specific schedule, in writing, 15 days in advance or the notice set by the collective agreement |
| Half-hour reduction of the working day | You work half an hour less each day, for the same purpose | A simple and stable routine | The option, the part of the working day you reduce and the start and end dates |
| Combining it into full working days | You group the leave into whole days off work | More consecutive time at home with the baby | Combining it and the dates; the number of days depends on the collective agreement or the agreement with the company |
In all three options, if both parents exercise it with the same duration and arrangement, the leave can be extended until twelve months, with a proportional reduction in salary from nine months.
Frequently Asked Questions
Is the father also entitled to breastfeeding leave?
Yes. Breastfeeding leave is an individual right of each worker in cases of birth, adoption, guardianship with a view to adoption or foster care. The father is entitled to it just like the mother, and her requesting it does not take away his right. Only if both work for the same company and request it for the same baby can the company limit taking it at the same time, for well-founded and objective operational reasons explained in writing, and it must offer an alternative plan that ensures both can take it (article 37.4 of the Workers’ Statute).
Can I combine breastfeeding leave into full days?
Yes. The law allows the worker, at their own will, to combine the leave into full working days. The company cannot refuse you that option; what the collective agreement or the agreement with the company sets out is how it is combined and how many days it adds up to.
How many days is it if I combine it?
It depends. The law does not set a number of days: it is determined by your collective agreement or, if it says nothing, by the agreement with your company. That is why it is a good idea to check the collective agreement before requesting it, or to ask Fernanda Vargas.
Who decides what time I am absent?
You do. The specific scheduling is for the worker to decide within their ordinary working hours. You must notify the company fifteen days in advance, or the notice set by your collective agreement, except in cases of force majeure, stating when the leave starts and ends. If there is a disagreement, the court resolves it through a specific procedure.
Until what age of the baby can I take it?
Until the baby turns nine months. It can be extended until twelve months only if both parents exercise it with the same duration and arrangement; in that case, from nine months the salary is reduced proportionally.
If your company refuses you breastfeeding leave, imposes the schedule on you or makes it difficult to combine it, write to Fernanda Vargas, employment lawyer in Madrid, on WhatsApp or book your appointment on Calendly: she will review your case and tell you how to claim in time.