Yesterday we commented on the three ways in which you can enjoy the breastfeeding permit, a right that both the mother and the father have in case of birth, adoption or foster care of a child until he turns nine months old.
Apart from how to distribute that time granted for breastfeeding, regardless of whether the baby is breastfed or not, there are some frequent questions that may arise about breastfeeding leave. We answer them below.
Can you enjoy breastfeeding leave even if you are breastfeeding?
Is indistinct. It is a right in favor of family reconciliation that parents can enjoy whether the baby is breastfeeding or breastfeeding.
What happens if the job poses a risk to breastfeeding?
If the job threatens the health of the nursing woman and her child, the company must relocate the worker to another position. If not possible, the contract is suspended until the baby reaches nine months.
Can the father enjoy the lactation permit?
As previously drafted, the regulation gave the mother the right to talk about "workers", but the Court of Justice of the European Union considered that Spanish law was discriminatory and the Government has decided to resolve this issue by modifying the Statute of the Workers. That is yes, it is a right that the father or mother can indistinctly enjoy, provided the enjoyment is not simultaneous.
What if the mother is autonomous?
Since it is an individual right and can be enjoyed by both men and women, it is indifferent that the woman is autonomous so that the father can apply for a work permit. So that cannot discriminate between self-employed and employed persons, provided that the enjoyment is not simultaneous.
It is a logical step towards work and family reconciliation so be it. In fact, there are cases in which it has been resolved that the father would enjoy the leave even if the mother did not work for someone else.
Is the total of the regulatory base charged?
It is charged one hundred percent of the regulatory base, as in maternity leave.
How does the breastfeeding permit work in case of multiple birth?
According to Article 37.4 of the Workers' Statute the duration of the permit will increase proportionally in cases of multiple birth, adoption or foster care, except in the form of accumulation of hours.
For example, if two children are born, reductions in working hours or absences can be doubled, but the accumulation will remain unchanged. The maximum established by the company agreement will be established.
Can the nursing license be accumulated with the reduction of the day for childcare?
The two are different rights therefore can be enjoyed simultaneously from both.
Can the company determine how the worker should enjoy the breastfeeding permit?
Do not, is the worker (the father or the mother, according to who the permission is taken) who decides the form that he thinks is more convenient.
One of the three forms of enjoyment will be chosen and communicated to the company: reduction of half an hour in the working day, absent from the job for one hour (or two fractions of half an hour), or accumulating the days whenever the agreement of The company allows it.
When should I communicate it to the company?
You must notify with 15 days in advance or the term determined by the applicable collective agreement.
You must specify the date on which the enjoyment of the permit will begin and end.
What happens if there is no agreement with the company?
If the company does not agree to an agreement as to how to enjoy the lactation permit by the worker, a special procedure may be initiated before the Social Court within 20 days after the communication of the refusal.
It is treated preferentially, so the procedure is very fast. After the admission of the claim, the hearing is fixed within the first five days and a sentence is issued within a period of three days.
Can you fire me for applying for a breastfeeding permit?
No way. In no case can it mean the loss of the job. The dismissal would be void for violating fundamental rights. In that case, the company would have to be sued within 20 days of the notification of the dismissal as we mentioned in the previous question.
