What rights does the law establish for working mothers with young children?
Working mothers have the right to feed their children, even when there is no nursery in their workplace. The regulation benefits all working women who have children under two years of age, who may have at least one hour within the working day to feed them, either by breastfeeding them or by food substitutes.
If a woman has already completed her one-year maternity leave, after the maternity leave period has expired, does she have the right to feed her child?
Yes, you have at least one hour within your workday to feed your child until they are two years old.
If the child is cared for and fed at home, does the mother continue to enjoy this permission?
Yes. The mother still has at least one hour to feed the child. It does not matter where you are or who is in charge of the child (grandmother, aunt, cousin, nanny or others).
Is the transportation time to go to the place where the child is included in the leave time?
No, since the feeding period is exclusively for that. In case the mother has to move, the schedule will be extended as necessary for her round trip.
Companies that are required to have a nursery must also grant the mobilization time that the mother needs to provide food and pay for tickets.
Can the father and not the mother take leave?
If the father and mother are workers, both may agree that it is the father who exercises the right. This decision must be communicated in writing to both employers (the father’s and the mother’s) at least thirty days in advance of the time the leave will be effective. The letter must be signed by the father and mother, who must send a copy to the Labor Inspectorate.
Likewise, if at any time the father and mother decide to change their decision, they must also communicate it in the same way to employers and the Labor Inspectorate. For example, if the leave was exercised by the mother during the first year and they decide that the father should exercise it in the second year.
What happens when the father takes personal care of the son?
The working father will exercise permission to feed the child if he / she has custody of the child by court ruling, due to the death of the mother or when the mother is unable to exercise the right.
Can persons other than the father or mother of the child exercise permission?
If a worker is judicially granted custody or personal care of a child as a protection measure, he or she may also exercise permission even if it is not the father or mother. In that case, the benefit may be exercised by the spouse of whom he has legal custody.
What happens if the employer refuses to give permission?
It can be reported in the corresponding Labor Inspectorate.
At what time can this permit be available?
It must be agreed with the employer and may be as follows:
- At any time within the working day.
- Dividing it, at the request of the interested party, into two stages.
- Postponing or advancing by half an hour, or an hour, the beginning or the end of the work day.
