Accumulated breastfeeding leave: how to request it, how many days you are entitled to, and a sample letter
Since RDL 2/2024, accumulating breastfeeding hours as days off is a universal right: your company cannot deny it, even if your collective agreement does not mention it. We explain how it works, how to calculate it, and how to request it without complications.
As maternity or paternity leave nears its end, one of the most frequently asked questions is: "Am I entitled to accumulated breastfeeding leave, or does it depend on my boss allowing it?" The answer is clear: you are entitled to it, without exception.
But there's a gap between the rule and practice. Many families lose days of leave simply because they don't know how to calculate it, when to request it, or what to include in the letter. This guide provides all of that, with updated data for 2026 and without technical jargon.
What is accumulated breastfeeding leave and how does it differ from the daily hour?
Breastfeeding leave (technically called leave for infant care) grants every working person the right to be absent from work for 1 hour daily to care for their baby until the baby turns 9 months old. This time is 100% paid by the company, not by Social Security.
You have three ways to enjoy it:
Daily hour
1 hour of absence each working day, which you can divide into two 30-minute fractions (coming in late or leaving early).
Reduced working hours
Reduce your workday by 30 minutes at the beginning or end of the day. Your salary does not decrease: it is fully paid by the company.
Accumulated breastfeeding leave
Combine all hours into full working days and take them consecutively, usually at the end of your leave. The most popular option to extend time at home.
Extension 9-12 months
Both parents reduce their working hours until the baby is 12 months old. Note: Social Security only pays the benefit to one of the two.
Accumulated breastfeeding leave is the option most utilized by the families we assist, because it allows for a longer continuous period at home with the baby without a reduction in income. Combined with unused vacation days, many families gain an extra 6-8 weeks after their leave. In our Pro Pack, we design this personalized strategy for you.
How many days of accumulated breastfeeding leave are you entitled to?
This is where there is the most confusion. There is no fixed number: the myth of "15 calendar days" or "one month" is not always true anymore. The number of days depends on how many working days remain from when you return to work until the baby turns 9 months old.
The official formula
The calculation established by the Workers' Statute is:
As you can see, the sooner you return (or the shorter your daily working hours), the more days you are entitled to. Here's a practical example:
| Example situation | Remaining working days | Daily working hours | Accumulated days |
|---|---|---|---|
| 19-week leave, baby born on January 1 | ~100 days | 8 h | ~13 working days |
| 19-week leave + subsequent vacation | ~80 days | 8 h | ~10 working days |
| Part-time 4-hour day (same scenario) | ~100 days | 4 h | ~25 working days |
If you work part-time, the Supreme Court has confirmed that you are entitled to a full 1 hour of breastfeeding leave, not half an hour. This means that when you divide the accumulated hours by your working day (4h instead of 8h), you are entitled to double the days compared to someone working full-time. Review this carefully if you are on reduced working hours.
Does your collective agreement specify a certain number of days? In that case, what the agreement says applies directly, as long as it is equal to or better than what the law states. If your agreement says "15 working days" and the legal calculation gives you more, the law prevails.
Can your company deny you accumulated breastfeeding leave?
No. Since RDL 2/2024, the company cannot refuse your accumulation of hours. It is a universal right enshrined in Article 37.4 of the Workers' Statute, and it prevails over any collective agreement that states otherwise.
What the company can do is negotiate the specific dates of enjoyment if it has very justified organizational reasons. But it must offer you a reasonable alternative: it cannot simply ignore your request or tell you no.
Both parents have the right: double the days for the family
Accumulated breastfeeding leave is an individual and non-transferable right. Both the mother and the father (or the other parent) have their own leave. It cannot be transferred from one to the other, but they can enjoy it simultaneously or staggered.
The most common strategy among the families we support at Babybelegal is as follows:
One of the parents finishes their leave
For example, the mother finishes her 19 weeks and returns to work, but requests accumulated breastfeeding leave immediately afterward: about 10-13 more days at home.
The other parent splits their leave
If the father has reserved voluntary weeks of his leave, he can start them while the mother enjoys breastfeeding leave. The baby always has someone at home.
The father also requests his accumulated breastfeeding leave
At the end of his leave, he requests his accumulated breastfeeding days. These can amount to another 10-13 extra days of buffer time.
Combine with annual vacation
If there are remaining vacation days, they can be added before or after breastfeeding leave. With good planning, some families achieve more than 2 additional months of time at home after their leave.
The planning of split leave, breastfeeding leave, and vacation is exactly what we include in our work-life balance advisory service. We analyze your specific situation—collective agreement, dates, working hours—and design the strategy that gives you the most time at home, without either of you losing a single euro.
How to request accumulated breastfeeding leave from your company: step-by-step
The process is simple if you do it correctly. Here are the exact steps:
Calculate the days you are entitled to
Count the working days from your reincorporation date until the day the baby turns 9 months old. Apply the formula: working days ÷ daily working hours. Also check if your collective agreement specifies a certain number.
Give at least 15 days' notice
The law requires a minimum notice period of 15 days. Ideally, it should be communicated before the end of maternity/paternity leave, so that the dates are clear from the beginning.
Submit the request in writing
Always in writing, with acknowledgment of receipt (a stamped copy for you or email confirmation). Indicate the chosen modality (accumulated), the planned dates, and attach the baby's birth certificate if HR does not already have it.
Keep all documentation
Retain the stamped copy or confirmation of receipt. If there is any subsequent conflict, this documentation is your protection.
Sample letter for requesting accumulated breastfeeding leave
There is no official template, but the letter must include essential information. Here is a sample that you can adapt:
[City], on [day] of [month] of [year]
Attention: [Name of HR manager or address]
[Company name]
Subject: Request for accumulated breastfeeding leave (Art. 37.4 ET)
Dear Mr./Ms. [Last Name]:
I, [Your full name], with ID number [number], employee of the [department] department, hereby wish to communicate my intention to exercise my right to leave for infant care recognized in Article 37.4 of the Workers' Statute, in its modality of accumulation in full working days.
My child [baby's name] was born on [date of birth], so the breastfeeding period extends until [date when the baby turns 9 months old]. Having calculated the corresponding working days from my reincorporation date ([date]) until said date, I am entitled to [number] working days of accumulated leave.
I request to enjoy these days consecutively starting from [start date], ending on [end date].
I attach the birth certificate as supporting documentation.
I remain at your disposal for any clarification. I appreciate your written confirmation of the receipt and acceptance of this request.
Sincerely,
[Your signature]
[Your full name]
[Date]
Frequently asked questions about accumulated breastfeeding leave
Can I request accumulated breastfeeding leave if I don't breastfeed?+
Yes, without any problem. The leave is called «for infant care» precisely to dissociate it from breastfeeding. It does not matter how you feed your baby: you are still entitled. The law does not require any medical certificate or proof of the type of feeding.
Is the father also entitled to accumulated breastfeeding leave?+
Yes, exactly the same as the mother. It is an individual right for both parents. Each one generates their own «hour bank» and can accumulate them into days off independently. They can even enjoy it simultaneously if both work. If the baby turns 9 months old before one of them finishes their split leave, that parent will no longer generate new days of leave, so it is important to plan carefully.
What happens if my company refuses?+
If the company denies the right to accumulate (not the dates, but the right itself), it is violating Article 37.4 ET. In that case, you can file a complaint with the Labor Inspectorate, or go directly to court through the urgent work-life balance procedure. Dismissal during the exercise of this right is null. At Babybelegal, we advise you on how to proceed with your company in our work-life balance advisory service.
How is it calculated if I have twins?+
In the case of multiple births, breastfeeding leave is multiplied proportionally by the number of children. With twins, you are entitled to 2 daily hours instead of 1. This means that when accumulating, the number of days doubles compared to a single birth. If you want to calculate your specific case, we do it for you in the Pro Pack.
Can cumulative breastfeeding leave be combined with annual leave?+
Yes, and it's one of the smartest strategies. You can request that any outstanding vacation days be added just before or just after your cumulative breastfeeding leave days. This allows for a continuous block of time at home without interruption. The company may refuse specific vacation dates for organizational reasons, but not your right to take them within the calendar year. Planning this in advance—ideally before your leave begins—makes all the difference.
Is cumulative breastfeeding leave paid at 100%?+
Yes. Breastfeeding leave is paid at 100% by the company, not by Social Security. There is no salary reduction of any kind. It's as if you were working normally during those days, but at home with your baby. It is not taxed as a benefit, but rather forms part of your regular salary, so it is subject to normal income tax (IRPF) withholding.
What if you don't know where to start? We manage everything.
Cumulative breastfeeding leave is one of the rights that most families let pass simply because they don't know it exists, don't know how to calculate it, or don't feel confident asking their company for it. At Babybelegal, this is part of what we do every day.
In our Pack Pro we include: the exact calculation of your breastfeeding days according to your collective agreement and working hours, the drafting of the communication to your company, and a complete conciliation strategy—leave, breastfeeding, holidays, and reduced working hours—adapted to your specific situation. We also manage the baby's registration with Social Security and the €100/month working mother benefit, so you don't miss anything.
You enjoy your baby. We'll handle the paperwork.
We take care of everything, you enjoy your family.
We calculate your breastfeeding days, draft the letter, and design your complete conciliation strategy. 100% online, from any autonomous community.
