Working Fathers in Spain now entitled to 'Breastfeeding leave'

 

Working fathers in Spain are now entitled to take "breastfeeding leave" everyday even if the mother of the child is not employed after a ruling by Europe's top court.

The European Union Court of Justice in Luxembourg said in its ruling on September 30 that the Spanish law caused an "unjustified discrimination on grounds of sex" as fathers do not have the same rights as mothers.

The new legislation means that both the mother and the father can now leave work for an hour during the day or reduce their working day by half an hour during the first nine months following the birth of a child.

Fathers are currently only allowed to apply for breastfeeding leave if the mother is employed full time.

Pedro Manuel Roca Alvarez, who challenged the law, said his request to take breastfeeding leave from his job in Galicia was rejected because the mother of his child was self-employed.

The top court said such a refusal could have the effect of forcing self-employed mothers to limit their work because the father cannot share the burden.

"Not giving dads the same right as mums in this case is liable to keep men in a role subsidiary to that of women in relation to the exercise of their parental duties" the Telegraph quoted the court ruling.

Breastfeeding leave should now be considered as "time purely devoted to the child" in order to reconcile family life and work after maternity leave.