Can I take breastfeeding leave?
Yes, until the baby turns 9 months. Breastfeeding leave is a right for caring for the infant until they turn nine months. It can be taken in several ways: one hour off work (divisible into two half-hour periods), a half-hour reduction at the start or end of the day, or —if the collective agreement or an agreement with the company allows— accumulating it into full days taken consecutively after birth leave. Both parents can take it (with the same duration), whether or not they work at the same company. If both take it from week 9 until 12 months with the same duration, it can be extended under the legal terms. You must give notice to the company.
📋 The rules
- Right until the infant turns 9 months
- 1 hour off (or two half-hour periods)
- Alternative: reduce the day by half an hour
- Possible accumulation into full days (agreement)
- Both parents can take it
🔓 Exceptions
- Multiple births: the leave increases proportionally
- Accumulation into full days: depends on the agreement
- Extension to 12 months if both take it on equal terms (with conditions)
⚠️ Penalties & fines
Breastfeeding leave is a right: the company can't deny it or penalise its use, and a dismissal for this reason would be void. The form (daily hour, reduction or accumulation) follows the collective agreement or what's agreed; if you want to accumulate it into full days and the agreement doesn't cover it, you need the company's agreement. It's best to request it in writing, with the agreement's notice (15 days by default), stating the chosen form. If a conflict arises over the arrangement, it's settled at the labour court.
📎 Official sources
- BOE · Workers' Statute (breastfeeding, art. 37.4) →
- Ministry of Labour · Breastfeeding leave →
- Administración · Work-life balance →
❓ Frequently asked
How long does breastfeeding leave last?
Until the infant turns nine months. During that period you can take an hour off a day (in one or two periods), reduce the working day by half an hour or, if the agreement or an arrangement allows, accumulate the leave into full days.
Can I accumulate breastfeeding leave into full days?
Yes, if your collective agreement provides for it or you agree it with the company. Accumulation turns the daily hour into a number of full days usually taken consecutively after birth leave. Without provision in the agreement, you need the company's agreement.
Can both parents take it?
Yes. Breastfeeding leave can be taken by both parents, with the same duration, whether or not they work at the same company. If both take it on equal terms from a certain point, it can be extended to 12 months under the legal rules.
Can it be denied or taken away?
No. It's a right and the company can't deny it or penalise its use; a dismissal for this reason would be void. What follows the agreement or arrangement is the specific form. Request it in writing with due notice.
Do I earn the same during breastfeeding leave?
Yes. Breastfeeding leave, as an hour off or a half-hour reduction, is paid: it doesn't cut your salary. It's different from reduced hours for legal guardianship, which does cut pay proportionally.
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