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KNOWING YOUR RIGHTS
Paid leave:
16
weeks (18 if you have twins, 20 if you have triplets …). You have the same right
if you adopt or foster a child under 6 years old.
If
you are on
sick leave
during the pregnancy (owing to pregnancy complications or other reasons), you
still have a right to 16 weeks after the delivery.
If
your work can have a negative influence on your health or on your child's health,
as well during pregnancy as during breastfeeding (hard work, toxic products,
night work, shift work…) you are entitled to a change in your working conditions
or time conditions. If despite the changes your doctor reports that your work is
still harmful, you have the right to a
change of post
(with the same salary). If during the pregnancy this change is impossible you
are entitled to a paid leave.
You can allow your partner to enjoy up to 10 of the 16 weeks - only if this is
your wish. Your partner or your employer cannot prevent you from enjoying the
whole 16 weeks with your child.
If
your labour contract is to finish within the 16 weeks, the Social Security will
pay until the period is completed, and then you will start receiving the
unemployment benefit (if you have a right).
Breastfeeding break:
until the baby is 9 months old. You can choose between: a) an hour (or two
halves) during the day's work; b) start your day's work half an hour later; c)
finish your day's work half an hour earlier. All without salary reduction. You
choose the moment, nobody can impose a determined schedule.
If
your shifts are longer than 8 hours, as for example 24 hours duty, you are
entitled to an hour break every 8 hours, that is 3 hours per duty. Anyway,
remember that, during breastfeeding, you have the right to a change in your
working conditions
to avoid shift work and night work.
You don't need a medical certificate to demand this right.
Extended leave of absence
to
take care of your child: the mother, the father, or both can ask for an extended
leave of absence without salary up until the child is 3 years old. This period
will be counted for seniority (three-yearly salary increase, promotion,
professional exams…). During the first year you are entitled to a post reserve,
afterwards only similar category.
According to several recent sentences temporary workers have the same right to
extended leave of absence.
Day's work reduction:
the mother, the father, or both have the right to a reduction between one third
and a half of the day's work, with proportional salary reduction, to take care
of children under 6 year old, special care children of any age, or other disable
relative.
You can arrange this reduction time as you deem proper, for example days in
which you don't have anybody to take care of your child.
All
these rights are stated in the Law 39/1999, 5 November, to promote the
conciliation between family life and labour in workers (BOE 6 November 1999).
Tips to be closer to your baby
Isabel enjoyed her paid holiday month right after the 16 weeks maternity leave.
Then she asked for an extended leave of absence of 2 months. Thus, when her baby
was almost 7 months old it could be breastfed when her mum was at home, and have
baby food when she was out.
Aurora takes her baby boy to her workplace, a clothes shop. It even seems that
there are more clients! In a few months, when he crawls or walks there might be
problems but at the moment is a good solution.
Montserrat has asked for a day's work reduction. She earns half salary but she
also spends less in childminder and nursery. She is out for work less than 5
hours. 'As she is such a sleepyhead she is almost unaware I've been out'.
Enrique and Teresa have decided to renounce to their salary. 'I'll be on
extended leave of absence until the baby is 15 or 18 months old, then Enrique
will be at home until our child is two and a half or three years old'. 'They
say we are wasting money -says Enrique- but I think we are spending it well. If
our child could choose I'm sure he would choose to have their parents at home
instead of a new car or a house by the beach'.
Sandra leaves her baby girl with her mother in law. Every day the three
generations meet at the door of the office. Putting together the coffee break
and the breastfeeding break Sandra can breastfeed her baby and have her
elevenses in a cafeteria or a nearby park. Meanwhile the granny goes shopping.
'I don't know what I'd do without my mother in law, if she worked I couldn't do
it. I hope when my child is grown up this society is better organised…).
Eulalia wanted to be with her child until he is at least 1 year old. But there
is a mortgage to pay so she couldn't be without her salary. She has found a
solution: she takes care of the neighbour's child at home. 'Is not a lot of
money, but if I take into account what I save in nursery we can get by'.
Who will take care of my child?
Babies need personal attention. If they cannot be with their mother or father
the best solution is to be with grandparents or other relatives, or a
childminder you can trust.
Don't be afraid that granny spoil the baby. Love never spoilt anybody. If you
leave your child with other person it is important for the baby to have time to
get used to the childminder. For some days or, even better, weeks you can spend
some time all the three together.
Nursery must be the last resource, specially before the baby is one year old.
They normally catch lots of virus and, with more than three babies for carer, it
is impossible to deliver a proper care. Then, more than ever, breastfeeding can
help you strengthen the contact with your child. The defences you are passing
with the milk, and the warmth of your skin will give him/her the much needed
physical and emotional protection.
What will he/she eat when I am not around?
Breast milk
It
is advisable that babies have only breast milk until they are over 6 months old.
You can express your milk by hand or with a pump (practice for some days before
going back to work - it is normal that the first times you get nothing!).
Somebody can give the milk to your baby with a small glass or teaspoon. It is
not advisable to use the bottle, the baby could get used to suck it and then
breastfeeding would be more difficult.
Your milk contains antibodies and white cells, resists germs very well and it is
always better preserved than the formula. If you get it out at work breast
milk can be kept at room temperature (cool) up to 10 hours, under a lid. It is
better, though, to use a camping refrigerator. It can be stored in the fridge up
to 2 days. If you are not going to use it within two days you can freeze it. It
can be kept in a freezer for weeks or months, depending on the kind of freezer.
Do not freeze the spare milk that has already been in the fridge for one or two
days.
The normal thing is to give the baby the milk of the day before and use the
frozen milk for "emergencies". Some mothers prefer to get the milk out when at
work, others prefer to do it at home in the evening (before or after
breastfeeding). The milk has to be stored in small, clean containers with a
tight lid. The containers can be made of glass or plastic (alimentary plastic,
the one with a glass and a fork embossed). Always date the milk before storing
it.
Other
food
When the baby is over 6 months old she/he can have baby food while you are not
around and can be breastfed when you are at home. It is advisable to breastfeed
the baby at least 5 or 7 times a day to make sure she/he is having all breast
milk needed.
You can breastfeed the baby just after getting up and once again before going to
work to leave it "fed up". While you are not around boiled rice, mashed banana,
or boiled potato are good things to begin with. On getting home again,
breastfeeding. As breastfeeding is not scheduled it can be perfectly adapted to
your work timetable.
Between 4 and 6 months, if you can't express or pump your milk, you can bring
forward the baby food (in this case you can give the baby only breast milk on
holidays so that you have more milk on Mondays). It is better baby food than the
formula because this one is the food that causes more allergies in babies. Owing
to the same reason it is not advisable to prepare cereals with artificial milk.
You can use your milk or water or stock.
What happens if she/he doesn't want to eat?
There is no need of getting the baby used to bottles or baby food before going
back to work. These attempts are normally despairing. 'Here is mum, here is the
breast. Why does she insist on giving me other thing?'. When mum is not around
many children accept baby food from other people.
Other, however, spend this time sleeping, eating nothing or almost nothing till
mum is back. Then, they wake up several times in the night to be fed. Although
it may seem exhausting many mothers like it: 'he is almost unaware I've been
out'.
Many mothers that work decide to sleep with their babes by their side. This way
breastfeeding in the night is much more comfortable, you do it half asleep. And
the warm contact during all night make up for the separation during the day.
The breast is much more than food, it is love, warmth, comfort, contact…
A truly personal, unique, unparalleled experience.
Even if you work you can live it.
It is your right.
A C P A M. Asociación Catalana Pro-lactancia Materna.
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