The maternity leave for breastfeeding It is one of the most important work-life balance rights for employees following the birth, adoption or fostering of a child. However, it is also one of the ones that generates the most doubts.
In this guide you will find a complete and up-to-date explanation about the breastfeeding leave in 2026, based on current regulations and the main queries raised by both employees and companies.
Furthermore, you will discover how this right forms part of a broader strategy for work-life balance and well-being. Many organisations complement it with social benefits such as childcare vouchers, which help families with children between 0 and 3 years old to reduce the cost of nursery school thanks to the tax advantages of the Flexible Compensation.
Maternity leave is a paid employment right which allows time to be taken during the working day to care for a child during their first 9 months of life (although this can be extended up to 12 months). Although it was traditionally associated with breastfeeding, nowadays it doesn't depend on the baby's feeding method. It can be enjoyed whether there is breastfeeding or if the child is formula-fed or bottle-fed. For this reason, the leave currently serves a much broader purpose: favour the Work-life balance during the first few months after birth or adoption.It is a right:
In Spain, this right is regulated primarily in the Article 37 of the Workers' Statute, although some collective agreements may improve upon the conditions established by law.
The overall duration of the breastfeeding leave lasts until the child turns 9 months. In some cases, it can be extended up to twelve months, although that extension may involve financial adjustments or specific conditions that must be reviewed on a case-by-case basis. If it is accumulated to be used as whole days, it is calculated in working days or effective shifts, not in calendar days.
The Workers' Statute sets a minimum notice of 15 days, unless the collective agreement establishes a different period. When the agreement does not clarify whether calendar or working days are counted, the company's usual criteria apply. From HR it is always advisable to request it in writing, with extra notice so that the team can be organised.
Currently, the breastfeeding leave is a non-transferable right of each parent, provided that both work. This means that it can be requested by: the mother, the father, parents in same-sex couples, the parent in single-parent families, adoptive parents, and those who hold guardianship for the purpose of adoption. However, in order to be able to take the breastfeeding leave, it is necessary to meet a series of minimum requirements:
Enjoy your breastfeeding leave, provided that you meet the legally established requirements. This is not leave «transferred» by the mother, but a right of one's own. This distinction is important because the belief still exists that the mother must give it up for the father to use it, when that is no longer how it works.
Choosing one or the other will depend on family needs, the collective agreement and the agreement with the company. The main options for taking breastfeeding leave are:
It is the best-known modality: the worker can be absent one hour daily of their working day until the child reaches nine months of age. It is not necessary for that hour to coincide with the beginning or the end of the working day.
Instead of taking an hour off, you can choose to reduce the working day by two separate half-hours. For example:
This type of arrangement usually makes it easier to balance work and personal life when working hours are rigid.
Instead of enjoying one hour a day, it is possible accumulate all those hours and convert them into full days of leave which can be enjoyed after maternity and paternity leave. This right is regulated in the Royal Decree-Law 2/2024.
The breastfeeding leave is a paid leave, but who covers its cost depends on the period in which it is taken.
When the employee chooses to accumulate the hours into full working days, the calculation is done in three steps:
The formula, in short, would be:
Imagine a professional with full-time hours of 8 hours a day, from Monday to Friday, who returns to work when her baby is 4 months old and decides to take her leave as accumulated full days rather than taking it day by day. Here is how she can calculate it:
That is to say, this worker could be absent 13 and a half days, in a block, right after her maternity leave, instead of leaving an hour early each day during those 5 months. If the same person were to work part-time (4 hours a day), the result changes: 108 hours ÷ 4 hours = 27 working days. The number of days is higher because the leave is always calculated in hours, and the fewer hours the working day has, the more full days are needed to use up those same hours.
When maternity and paternity leave ends and the breastfeeding leave begins, many families face another challenge: finding and paying for a nursery school place. This is where benefits such as the childminder from Edenred make sense, by allowing employees to cover childcare expenses (0-3 years) exempt from income tax, as part of a flexible remuneration plan. Offering this type of benefit alongside clear management of nursing leave reinforces the company's value proposition regarding work-life balance, especially in the baby's early years when family needs are greatest.
Throughout my HR career, I've learned that the true engine of any organisation is its people. My focus has always been on supporting individual and collective development, creating spaces where talent can grow and shine. I'm passionate about building organisational cultures based on trust, inclusion, and authentic commitment, convinced that when we care for people, we unlock real and sustainable success. Leading teams and projects with this vision drives me to keep learning and to inspire others to develop their full potential.
