In Spain, the right to breastfeeding leave is recognized by law, but its practical application especially when we talk about accumulated breastfeeding leave often creates confusion for HR departments.
What exactly does it involve? How is it calculated? And is it the same for every collective agreement?
In this article, we explain step by step how to calculate accumulated breastfeeding leave, with real examples and a summary table at the end.
What Does the Law Say About Accumulated Breastfeeding Leave?
Article 37.4 of the Estatuto de los Trabajadores states that employees have the right to one hour of absence from work for breastfeeding until the child reaches nine months of age.
The law also allows this time to be accumulated into full working days. In other words, all the daily breastfeeding hours can be added up and taken consecutively as paid days off, as long as it is included in the collective agreement or agreed upon with the company.
“Quien ejerza este derecho, por su voluntad, podrá sustituirlo por una reducción de su jornada en media hora con la misma finalidad o acumularlo en jornadas completas”.
Who Can Use This Leave?
Either parent can request breastfeeding leave, without distinction.
It applies to births, adoptions, and foster care, as long as the employee is registered with Social Security and works as an employee.
Since the 2019 reform, both parents can use this right simultaneously if they wish.
What Exactly Does “Accumulated Breastfeeding Leave” Mean?
Accumulated breastfeeding leave consists of adding up all the daily breastfeeding hours (one hour per working day) and taking them all at once in the form of full paid days off.
For example:
If an employee accumulates 180 hours of leave, this would equal about 22 working days, depending on their schedule.
This option is very common because it allows for a continuous period of leave without interrupting the daily work routine.
Is It Mandatory to Offer Accumulated Breastfeeding Leave?
It depends.
The law does not automatically impose accumulation: it guarantees the right to one daily hour.
However, most collective agreements do allow accumulation.
If the agreement is silent, the company and employee can agree on it in writing.
In summary:
- If the collective agreement allows it, the company must accept it.
- If the collective agreement does not mention it, it can be voluntarily agreed.
How to Calculate Accumulated Breastfeeding Leave Step by Step
Let’s go through the process clearly and logically:
1. Determine the Eligible Period
It is calculated from the date the employee returns to work after maternity or paternity leave until the day the baby turns nine months old.
Example:
- Return to work: March 1
- Baby turns 9 months: December 1
→ Total period: 9 months (approx. 180 working days)
2. Calculate the Total Hours
Each working day equals one hour of leave.
180 working days × 1 hour = 180 accumulated hours
3. Convert the Hours into Full Working Days
Divide the total hours by the employee’s standard workday:
180 hours ÷ 8 hours = 22.5 days of accumulated leave
In this case, the employee would be entitled to 22 working days.
4. Review the Collective Agreement
Not all agreements calculate it the same way.
Some set a fixed number of days (e.g., 15 calendar days), while others require calculating working days.
According to the Supreme Court (2018 ruling), if the agreement does not specify otherwise, the calculation must be done using working days, not calendar days.
5. Request It in Writing
The employee must submit the request with enough notice (usually 15 days), indicating:
- The chosen modality (accumulated).
- The expected start and end dates.
The company must respond in writing, either approving or proposing a reasonable adjustment of dates.
Practical Example
Let’s imagine an employee who returns on April 10 and whose baby turns nine months on December 10.
Working days: 170
Total hours: 170 h
Workday: 8 h/day
Calculation: 170 ÷ 8 = 21.25 days
Result: 21 working days of accumulated breastfeeding leave
Case with Part-Time Schedule
If the schedule is 4 h/day:
170 h ÷ 4 = 42.5 days
In this case, the employee enjoys 42 working days, because although the hours are the same, the workday is shorter.
What Happens If Both Parents Request It?
Both parents in the case of birth, adoption, or foster care have the right to breastfeeding leave.
If both are employed, only one can enjoy it individually unless both request it with the same duration and conditions. In that case, the leave can be extended until the child is 12 months old, although from nine months onward, salary will be proportionally reduced, as stated in Article 37.4 of the Estatuto de los Trabajadores.
The company cannot deny the right, but it can coordinate scheduling to maintain proper work organization.
What If the Company Does Not Apply It Correctly?
The Labor Inspectorate can sanction companies that fail to respect breastfeeding leave or unjustifiably deny it.
Beyond legal risk, it can create internal conflict and damage the company’s reputation regarding work–life balance.
What the HR Department Should Do
HR should:
- Review the applicable collective agreement before calculating.
Maintain a standard request and approval form.
Clearly communicate the leave dates.
Record the leave in time tracking and payroll.
At GM Integra, we recommend automating the calculation within an HR management system to avoid errors and maintain full documentation traceability.
Summary: How to Calculate Accumulated Breastfeeding Leave
| Situation | Does Accumulated Leave Apply? | How It’s Calculated | Notes |
| Full-time schedule | ✅ Yes | Working days × 1h ÷ workday (8h) | Normally 20–23 days |
| Part-time schedule | ✅ Yes | More days, same total hours | Days double |
| Agreement with fixed days | ⚠️ Review | As stated in the agreement | May set 14–15 calendar days |
| No agreement | ✅ Yes | General legal calculation (working days) | Agree in writing |
| Both parents | ✅ Yes | Each has their own right | Possible extension to 12 months |
Frequently Asked Questions
- Is accumulated breastfeeding leave paid?
Yes, it is always 100% paid, with no salary reduction. - Can I take it after the baby is 9 months old?
Only if the agreement or a written agreement expressly allows it. - What if I have twins or multiples?
The time doubles: each child generates its own right. - Can I take part of it daily and part accumulated?
Yes, if agreed with the company as long as the total hours are not exceeded.
We Want to Be Your HR Consultancy
Calculating accumulated breastfeeding leave is not complicated: it’s about adding daily hours and converting them into working days. What does require attention is correctly interpreting the agreement and documenting the process rigorously.
At GM Integra, we are an HR consultancy specialized in labor management and payroll, helping companies and law firms process these permits with legal security and sensitivity toward work–life balance.
Because the key is not only to comply with the law, but to do so in an organized, human, and worry-free way for the team.
