Read news from:
Austria
SHARE
COPY LINK
For members

FAMILY

‘Lactancia’: How to get extended parental leave in Spain

Many mothers and fathers in Spain are unaware that they can apply for a "permiso de lactancia", or an extended parental leave for breastfeeding or bottle-feeding. Here's who is eligible and how to apply.

Published: 9 September 2022 15:33 CEST
Updated: 25 July 2023 15:49 CEST
'Lactancia': How to get extended parental leave in Spain
Photo: Jaye Haych on Unsplash

Spain became a world leader when it comes to equal parental leave between both parents in 2021, with a law increasing paternity leave to 16 weeks – the same amount as previously only reserved for new mothers.

But new parents in Spain have other rights in the period following the birth of a child that many people are unaware of. These include the right to a reduced working day and extended leave for breastfeeding and bottle-feeding.

Read also: How to apply for parental leave in Spain

Known as permiso de lactancia or cuidado del hijo lactante, this allows new parents to take one hour off each day to feed their newborn child. This extra time can be taken during the child’s first nine months, and can be doubled or tripled in the case of a multiple birth.

Although in principle this nursing leave is for taking some time off work during the day to feed your child, it can also be used in different ways:

– Taking an hour break during your working day, or two half hours, to feed your baby. In other words, you are allowed to take breaks from work during the day after you go back to work following your parental leave.

– Reducing your working day by half an hour. If you want to get to work a bit later in the morning or leave a bit earlier, you can reduce your working day by half an hour. In this case, the time you take off for feeding is not one hour, but only half an hour.

– Accumulated nursing leave. Instead of taking one hour off from work every day, you can also accumulate the hours in order to take entire days off for feeding. 

How many hours or days can I take off to feed my baby?

This depends on whether you want to extend it into an hour every day, or whether you are accumulating the hours into days. You can take 1 hour (or two half hours) for every working day until your child is nine months old. For example, if you go back to work after 4 months, you can take an hour off a day for the remaining five months. One hour per 22 working days a month would be a total of 110 hours in five months, which would be around 14 days.

Is this only for breastfeeding mothers?

No. Both parents are eligible for permiso de lactancia in the case that they are employed by a company. This extra time can’t be claimed on Social Security or if you are receiving unemployment benefits. Freelancers or autónomos are also not eligible. This extra leave is also non-transferable: only one parent can take it and can’t pass it on to the other half way through.

Who pays for this nursing leave?

The cost of permiso de lactancia falls on the employer, not the Spanish social security system. The employee will earn their usual salary during this extra leave.

Can your company refuse to grant nursing leave?

No. Your company is obliged to grant nursing leave, since it’s a basic worker’s right. The employer is also not allowed to reduce it, or make the employee use it in a specific way.

How do I apply for it?

To get nursing leave you need to write a letter to your employer with at least 15 days notice. You should state the start and end date of your nursing leave, and specify if you are opting for a reduced working day or lactancia acumulada (accumulating hours into full days off).

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

Published: 23 April 2024 10:57 CEST
How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

SHOW COMMENTS