The new breastfeeding leave policy, a key employment right for working families, has recently faced a sharp setback as proposals to extend it were blocked by several political groups. The rejection affects more than just breastfeeding time; it also touches on measures related to unemployment benefits and age-related subsidies for citizens over 52. The setback marks a pause in reform efforts that would have broadened access and flexibility for caregivers in the workplace.
Breastfeeding leave: What the political setback means for workers
The proposed decree sought to expand breastfeeding leave, offering workers up to 28 days of cumulative leave and maintaining a daily one half-hour flex option. The plan also aimed to simplify arrangements for balancing work with parenting duties, potentially easing the transition back to work after a child is born. However, following opposition from several political factions, the decree was not advanced, halting the broader reform and leaving current provisions in place while other proposed improvements remain unresolved.
The rejection stops both the expansion of breastfeeding leave and the introduction of other enhancements. It also affects plans to increase subsidies for unemployed people over the age of 52 and to remove the waiting period between certain forms of aid. Without the reform, opportunities to reach new groups and align employment benefits with subsidies may be delayed or limited.
Current breastfeeding leave: What the law says
Under Article 37.4 of the Labor Law, breastfeeding leave allows a worker to take one hour off during the workday. This hour can be split into two shorter segments to care for the baby until the child reaches nine months of age.
Duration and conditions of breastfeeding leave
Breastfeeding leave runs from the end of the parental leave period until the child turns nine months old. Presently, workers may choose to take a full hour off, divide it into two half-hour periods, or shorten the workday by half an hour. If reform had passed, an additional option would have been introduced: 28 days of cumulative leave, available regardless of the terms in a collective agreement or company policy.
With the reform blocked, the possibility to claim accumulated breastfeeding leave currently depends on a collective agreement or a direct agreement with the employer. The reform would have allowed converting breastfeeding leave hours into full days, broadening practical use across workplaces.
It is important to note a court ruling from the Supreme Court dated 21 November 2023, which clarified how breastfeeding leave should be calculated for part-time workers. The ruling asserts that part-time employees should not be disadvantaged relative to full-time workers when using breastfeeding leave. The court explained that the total duration of leave, measured in working hours, should be equivalent across different work arrangements. The calculation method involves dividing the remaining working days needed to reach nine months by the worker’s daily hours.
In summary, the total leave hours remain constant whether the leave is taken as a daily one-hour absence or accrued as longer, full-day blocks. The essence is that the total amount of leave available is the same, even if the pattern of use changes.
How to request breastfeeding leave
Employees should notify their employer of the intended start and end dates of breastfeeding leave at least 15 days in advance. The notice must be written and delivered through a method that confirms receipt. Breastfeeding leave can be combined with reduced working hours to care for the child and cannot be transferred to another parent.
Breastfeeding leave and part-time workers
Part-time workers are entitled to the same number of breastfeeding leave hours and days as full-time employees. Some collective agreements extend the leave beyond the nine-month mark, sometimes up to the child’s first birthday. When both parents work for the same company, organizational constraints may arise, but the fundamental right to leave remains protected.
The decree on breastfeeding leave and related work measures faced questions about practical implementation. In the interim, workers must operate within the current legal framework and seek the best balance between job responsibilities and childcare within existing rules. This ongoing situation underscores the need for clear guidance on how future reforms will unfold and how employers can support families as policy landscapes evolve.