Breastfeeding Leave in Spain: An Employer's Guide to the Right, How It Is Taken and Time Records

What breastfeeding leave is

Breastfeeding leave (permiso de lactancia) is an employment right set out in Article 37.4 of the Spanish Workers' Statute. It lets employees take time off to care for an infant until the child turns nine months old, without loss of pay.

Despite its name, it is not tied to actual breastfeeding: it is a care right available to any parent, regardless of how the baby is fed.

How it is taken

The employee may choose, as provided in the collective agreement or by agreement with the company, between several options:

• One hour of absence during the working day, which may be split into two parts.
• A half-hour reduction of the working day, at the start or the end.
• Accumulation into full days, taken consecutively after birth leave, where the collective agreement allows it or it is agreed with the company.

As a general rule, the employee decides on the specific timing and the option within their ordinary working day.

Who is entitled after recent reforms

Following the latest reforms, the leave is an individual right of each employee and cannot be transferred to the other parent. This means that both working parents may take it at the same time.

In addition, when both exercise the right with the same duration and arrangement, the duration may be extended: the leave increases proportionally until the child reaches twelve months, although with a proportional salary reduction from nine months onwards.

Multiple births or adoptions

In cases of multiple birth, adoption or fostering, the duration of the leave increases in proportion to the number of children.

How it affects scheduling and time records

Breastfeeding leave has a direct impact on how working time is organised:

1. It must be reflected in the shift schedule and roster planning.
2. The reduction or absence must appear in the mandatory time record required by Royal Decree-Law 8/2019.
3. It is advisable to document the request, the option chosen and the dates taken.

A time-tracking system that distinguishes paid absences avoids errors in the hours count and possible Labour Inspectorate penalties. At RegulaKit we integrate time tracking with absence and leave management. To assess the financial risk of non-compliance, try our penalty calculator.