The Spanish Congress approves the transposition of a directive that improves the conditions for breastfeeding and paternity leave

The Royal Decree-Law completes the transposition of Directive (EU) 2019/1158 regulating the work-life balance of parents and carers in the European Union.

The Congress of Deputies last week gave its approval to Royal Decree-Law 2/2024 of 21 May which, among other measures, strengthens parental leave and improves the conditions for exercising the right to breastfeeding.

The Royal Decree-Law was approved by the Council of Ministers to complete the transposition into Spanish law of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the reconciliation of family and working life for parents and carers and repealing Council Directive 2010/18/EU.

This directive establishes minimum requirements related to paternity, parental and carers’ leave and flexible working arrangements for workers with carers.

In order to adapt to these requirements, the Royal Decree-Law introduces amendments to the revised text of the Workers’ Statute relating to:

• Breastfeeding leave: the regulation modifies the revised text of the Workers’ Statute Law so that it is the worker herself who chooses whether to take an hour’s leave per day to care for the baby or to reduce the working day or accumulate breastfeeding periods.

Commission refers Spain to the Court of Justice of the EU for failure to fully transpose the directive on reconciliation of work and family life

 

The difference with the previous regime lies in the fact that, from now on, it will not be necessary for the Collective Agreement to expressly stipulate how to take advantage of this breastfeeding regime, nor for the company and the worker to agree on it in advance. In other words, anyone can now exercise this right, not just those who have it regulated by agreement.

• Flexible working hours for public employees: the Royal Decree also amends the Law on the Basic Statute for Public Employees, so that it expressly includes formulas for flexible working hours that benefit any public employee who is responsible, for serious medical reasons, for the care of people with whom they live.

Labour-related developments

In addition to the aspects related to the directive, the Royal Decree-Law also includes new labour-related developments and several measures to simplify and improve unemployment benefits, thereby complying with the reforms committed to with the European Commission as set out in Component 23 of the Recovery, Transformation and Resilience Plan.

Following the plenary session of 20 May, this Royal Decree-Law 2/2024 of 21 May has been validated and now begins its parliamentary processing as a draft law.

Source: European Parliament Office in Spain