Yesterday a modification of the cumulative lactation permission was approved, being published in the BOE the RDL 7/2023.
Currently, the right to be absent from work, known as breastfeeding permission, was conditioned to the provisions of collective bargaining or to the agreement reached with the company. Provided that this agreement respected such negotiation. This change must be taken into account for working time purposes.
Cumulative lactation permission
Basically, this permission has not changed since its previous wording. Therefore, some points are defined in the same way with respect to the permission for breastfeeding established in art. 37.4 of the Workers’ Statute.
Quoting textually. “In the event of birth, adoption, foster care or adoption, in accordance with Article 45.1.d), workers shall be entitled to one hour of absence from work, which may be divided into two fractions, to care for the infant until it reaches the age of nine months. The duration of the permission will be increased proportionally in cases of birth, adoption, foster care or multiple fostering.”
So far, so good. However, a modification has just been introduced.
The previous text stated:
“… Whoever exercises this right, of his own free will, may replace it by a reduction of his working day by half an hour for the same purpose or cumulate it in full working days under the terms provided for in the collective bargaining or in the agreement reached with the company respecting, where appropriate, the provisions of the former.”
In the new text, the content is as follows:
“… Whoever exercises this right, of his own free will, may replace it by a reduction of his working day by half an hour for the same purpose or cumulate it in full working days.”
What does this mean?
This means that the possibility that the accumulation of breastfeeding is subject to being provided for in the applicable collective bargaining agreement or, failing that, to an agreement between the parties, has been eliminated from the regulation.
In other words, as of December 21, even if the agreement does not provide for it or it has not been negotiated with the company, if the worker decides to take this permission in cumulative days, he/she will be able to do so based on the modification incorporated in the regulation and the new wording of art. 37.4 of the TRET.
In any case, if you have any doubts about the application or the effects of this change on your company, you can contact a specialized Labour Advisor.