ACCUMULATION OF THE BREASTFEEDING PERIOD

A judgment of the Fourth Chamber, of the Social, of the Supreme Court, has declared that there is right to the accumulation in full days of the lactation leave. It is the first sentence of the Supreme issued by a tribunel made up entirely of magistrates.

The resolution states that leave for breastfeeding is a necessary relative right, which is specified in being able to be absent from work for one hour, with proportional increases in cases of multiple breastfeeding.

Collective bargaining or individual agreements can improve this right and can also establish that the leave is accumulated in full days, also guaranteeing the best protection and care of the newborn, which is what the norm seeks. In any case and with regard to the accumulation in full days, this must be calculated, at least, on the hour of absence and not on the other option - substitution by reduction of working hours.

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