Reduced hours and nursing leave after a baby (reducción de jornada, lactancia)

Key rules

• Hour reduction: For a child under 12 you can reduce your working day by between one eighth and one half, with a proportional pay cut.
• Nursing leave: Nursing leave is one hour a day until 9 months, and can reach 12 months if both parents use it.
• Full days off: Turning nursing leave into full days depends on your collective agreement or your employer's agreement.
• Dismissal: Dismissal because you used these rights is void, from your notice of request until 12 months after you return from birth leave.

Your two options at a glance

As an employee, you have two separate rights. Nursing leave (lactancia) applies while the baby is small. A statutory hour reduction (reducción de jornada) lasts until the child is older. Each parent has these rights individually.

Nursing leave

You can take one hour a day until your baby is 9 months old. You can split it into two parts. Or you can swap it for a shorter working day, cutting half an hour from your day.

Your employer may also let you pile the hours up into full days of leave. This is usually about 2 to 4 weeks. It is not a right. It only works if your collective agreement or an agreement with your employer allows it, so ask HR or check your agreement.

If both parents work and both use the leave, it can last until the child is 12 months old. Your pay is cut in proportion after the 9-month mark.

Reduced hours for childcare

If you look after a child under 12, you can reduce your working day by between one eighth and one half, with a proportional pay cut. The same right applies if you care for a person with a disability who is not in paid work.

Your salary drops in line with your hours. Your Social Security contributions are based on the lower salary. For the first period, up to 2 years for childcare depending on your case, the reduction counts as full-time for retirement, permanent disability, death and birth benefits and similar. So your pension is protected for that stretch.

Protection from dismissal

A dismissal linked to using these rights is void. That means you would be reinstated, not just compensated.

Protection starts when you give notice of your request, and it continues while you are on leave or reduced hours. It also covers the 12 months after you come back from birth leave. If your employer says the dismissal has another, fair reason, they must prove it has nothing to do with your request.

How to ask

Put your request in writing and keep a copy with proof of the date. Say which right you are using, the hours you want and the start date. The template below gives you wording you can adapt.

Timeline and deadlines

• Take nursing leave of one hour a day, in one or two parts, or cut your day by half an hour: from the birth until the child is 9 months old

• Ask to accumulate nursing leave into full days of leave, if your collective agreement or employer allows it: before you go back to work after the birth; the leave usually comes to about 2 to 4 weeks

• Extend nursing leave if both parents work and use it, accepting a proportional pay cut: from 9 months until the child is 12 months old

• Give notice of your request for leave or reduced hours to protect yourself from dismissal: from the date of the notice and throughout the leave

• Use a statutory hour reduction for childcare: any time until the child turns 12

• Stay protected from dismissal after returning from birth leave: for 12 months after the birth, adoption or fostering

What to watch out for

• Your pay drops with your hours: Salary is cut in proportion to the hours you give up, and contributions are based on the reduced salary. Work out your reduced monthly pay before you ask.

• Dismissal protection is not unconditional: A dismissal linked to your leave or reduced hours is void, but the employer can still dismiss you if it proves fair grounds unrelated to your situation. Give notice of your request in writing and keep a copy, because protection runs from the date of the notice. If you are dismissed, get advice quickly from a labour lawyer or union.

• Full days of nursing leave are not a right: Accumulating the hour a day into full days depends on your collective agreement or an agreement with your employer. Ask your employer or HR for the agreement's wording and get the arrangement confirmed in writing before you rely on it.

Written request for reduced hours or family leave

A dated written request, with proof that your employer received it, is the practical basis for using these rights. Send it at least 15 days before you want to start, unless your collective agreement sets a different notice period. Fill in the blanks, delete the option that does not apply, and keep a copy.

The message

To: [name of your manager or HR department] From: [your full name], ID number [your DNI or NIE], job title [your position] Date: [today's date]

Subject: Request for [reduced working hours / family leave]

Hello,

I am writing to request [a reduction of my working hours / a period of leave] for the care of [my child / my relative], [name of the child or relative], who is my [relationship, for example son, daughter, mother, spouse].

The legal basis for my request is [the law on reduced hours for family care / the law on unpaid leave to care for a relative / article or clause of my collective agreement, if you know it].

What I am asking for:

• Start date: [date]
• Expected end date: [date]
• Proposed schedule: [days of the week, start and finish times, shift]
• Hours reduced: [for example, one hour less per day, or leaving at 3 pm]

I attach the following documents: [birth certificate / family book / medical or dependency report / other].

Please confirm in writing that you have received this request and that you accept the dates and schedule above. If you disagree with any part of it, please tell me in writing within 10 days.

Thank you, [your full name] [your signature]

How to prove you delivered it

Pick one method and keep the evidence:

• Burofax with certified content. This is the strongest proof, because the post office records exactly what you sent.
• Signed copy. Print two copies and ask your employer to sign and date one as received. Keep the signed copy.
• Registered mail. Keep the receipt and the delivery notice.
• Company email or portal. Use this only if it sends you a confirmation. Save the confirmation.

After you send it

• Your employer should reply within 10 days. Keep the reply with your copy of the request.
• For reduced hours, you choose the exact reduction and the schedule, within your ordinary working day.
• If your employer refuses or does not agree, you can take the dispute to the labour court (juzgado de lo social). It uses an urgent procedure that is dealt with as a priority and does not need a prior conciliation attempt.

For leave around a birth, the same rule applies to flexible weeks. Tell your employer in writing which dates you will take and tell them again if those dates change.

Frequently asked questions

Can I accumulate my nursing leave into full days?

Yes, you can accumulate nursing leave into full days, but only if your collective agreement or an agreement with your employer allows it. It usually comes to about 2 to 4 weeks of leave. If neither allows it, you take the hour a day, or cut your working day by half an hour instead.

How long can nursing leave last if both parents use it?

If both parents work and use it, nursing leave can last until the child is 12 months old. After the child turns 9 months, pay is cut in proportion. Each parent holds this right individually.

Can my employer dismiss me after I ask for reduced hours?

Yes, but only if the employer proves the dismissal is fair on grounds unrelated to your request. Otherwise a dismissal notified from the date you give notice of the request is automatically null, not just unfair.