Feature Articles
Mothers' Rights in the Workplace
*Mònica Tornadijo Sabaté is holding a talk on, "The Rights of Working Mothers", on Wednesday, 15th October at 6.30pm at the Centre Civic del Parc-Sandaru, Calle Buenaventura Muñoz, 21. (Spanish/Catalan).
Many mothers have doubts over their legal rights and how employent laws apply to them when returning to the workplace. It is extremely important that women are made aware of these rights, especially those that aim to support breastfeeding during a child's first months of life.
According to statistics, more than 84% of women in Catalunya breastfeed during the first months of their baby's life. This number falls to 23% at 6 months. The majority of women cease to breastfeed when their baby reaches 4 months which corresponds with the end of the 16 week statutory maternity leave and the subsequent return to work. It appears that the return to work is the primary reason for women discontinuing breastfeeding for the minimum time periods recommend by the World Health Organisation and UNICEF.
Mothers (and sometimes fathers) have specific employment rights, especially during the initial period following birth. These include, the entitlement to a reduced working day and extended maternity leave for breastfeeding and bottle-feeding as well as for the care of premature children.
Maternity Leave in SpainPermiso de Maternidad, is the standard maternity leave in Spain that entitles women to 16 week period away from work. This rises to 18 weeks for twins and 20 weeks in the case of triplets. For children with reduced ability, there are also an additional 2 weeks. If you have to take time off whilst pregnant for medical reasons, you are still entitled to the 16 weeks maternity leave after your child is born.
10 of these standard 16 weeks may actually be taken by the baby's father. The mother must, however, take at least the first 6 weeks of entitlement. It is also possible to use the 16 weeks in combination with a part-time working timetable or even add holiday time that you are due in order to extend your leave. For mothers of premature babies or where a baby has to remain in hospital for more than 7 days following the birth, standard maternity leave can be extended for up to 13 week.
Although many women find employers less than understanding, during the pregnancy itself, expectant mothers are entitled to time off work for medical examinations and other ante-natal care.
The Reduced Working DayThe Reducción de Jornada is an ongoing entitlement for mothers caring for children up to 8 years of age. For this to count officially, the hours worked must represent at least an eighth and at most a half of the normal working day. Salaries are then reduced accordingly. As a working mother, you have the right to choose between working less hours each day or the week or taking full days off at a time.
Unpaid Maternity LeaveExcedencia sin sueldo offers the right to take extended leave from work for up to a maximum of 3 years in total for a mother to care for her children and still return to the same employer. You can request that your exact post be held for a maximum of one year after which you may be offered a smiliar post. During this absence you will still be recognised as contributing to the Social Security system. You do not need to agree the time period with your employer beforehand and legally you are required to give 2 weeks notice before returning to your post.
Nursing and Bottle-feedingLa hora de lactancia is the right, whether you are breastfeeding or bottle-feeding, to one hour per day leave from work during the first 9 months of your baby's life. This does not affect your salary. If your baby is premature, this 9 month period starts from Week 40 of your pregnancy. There are 3 possible options for using this "feeding hour". You can choose to take one hour off during the working day (this can be divided into 2 half hour periods), arrive at work half an hour later and leave half an hour sooner or take the entire 1 hour entitlement in one go, adding them into full days in order to extend your maternity leave.
Both the mother and the father can use this 1 hour entitlement. It also applies if you are acting as legal guardian or have adopted a child. If, for example, you have added your month's holiday entitlement to your 16 weeks of statutory maternity leave, you would then calculate the 1 hour periods for the remaining time until the baby is 9 months old. For twins and triplets, the 1 hour entitlement is muliplied to 2 hours, 3 hours etc. In some cases, the hora de lactancia is used to breastfeed a child directly while in others, it is a time generally used to extract milk to provide the baby later and to maintain a mother's milk supply.
Tax and Self-EmploymentIn Spain, working mothers are entitled to a payment of €100 per month or a tax rebate for €1,200 at the end of the year for the first 3 years of their child's life. Self-employed mothers (Autonomas), are also exempt from paying their monthly Social Security contributions of approx. €240 during a period of 2 years. This 2 year exemption can be delayed for up to one year after the birth of your child. For more information on baby bonuses in Spain, other entitlements and where to apply, see Child Benefit
Mònica Tornadijo Sabaté is an Employment Rights lawyer specialising in legal matters that reconcile the workplace and family life. She has held many conferences on the subject of working mothers rights and is currently President of La lliga de la Llet (The Leche League) of Catalunya. She is also a member of the AEMI, Spanish Infant Massage Association.
If you have any questions on your rights in the workplace, Mònica Tornadijo Sabaté will be speaking on "The Rights of Working Mothers" on Wednesday, 15th October at 6.30pm at the Centre Civic del Parc-Sandaru, Calle Buenaventura Muñoz, 21. (Spanish/Catalan).
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information on tax
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Barcelona lawyer, Mònica Tornadijo Sabaté,
specialist in women's employment rights, tells us a few of the things we
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