Workers in extractive and glass industries gain flexible breastfeeding rights

The Directorate General of Labor has officially registered and published the agreement modifying the XXIII Collective Agreement (Convenio Colectivo) in Spain for the extractive, glass, and ceramic industries, as well as their exclusive trade (BOE-A-2026-17491). This resolution, dated July 30, 2026, formalizes changes to articles 33.2 and 38, primarily focusing on the regulation of breastfeeding and infant care leave to ensure greater flexibility for employees and clarity for employers.

What changes

The core of this modification lies in the updated wording of article 33.2 of the agreement. The new provision establishes a clear framework for the right to absence for infant care in cases of birth, adoption, legal guardianship for adoption, or foster care, in accordance with article 45.1.d) of the Workers' Statute. The key changes are as follows:

• Duration and Scope: Workers are entitled to one hour of absence from work daily to care for the infant until the child reaches nine months of age. In cases of multiple births, adoption, or foster care, the duration of this leave will increase proportionally (art. 33.2).
• Flexibility of Modalities: At the worker's discretion, the one-hour absence can be exercised in three distinct ways: it can be divided into two separate fractions during the workday, it can be substituted for a reduction of the working day by thirty minutes, or it can be accumulated into full working days (art. 33.2).
• Individual Nature of the Right: The agreement clarifies that the reduction of the working day mentioned in this section is an individual right. Consequently, it cannot be transferred to the other parent, adopter, guardian, or foster parent (art. 33.2).
• Operational Limitations: While the right is individual, the agreement introduces a mechanism for companies to manage simultaneous requests. If two workers in the same company exercise this right for the same child (the same 'sujeto causante'), the company may limit their simultaneous exercise, but only if based on well-founded and objective operational reasons. Such reasons must be documented in writing, and the company is strictly required to offer an alternative arrangement that ensures both workers can enjoy their rights (art. 33.2).

Context

This modification is not a change to the fundamental labor laws of Spain, but rather a technical refinement and error correction within a specific Collective Agreement (Convenio Colectivo) in Spain that governs a vital industrial sector. Previously, the agreement contained omissions and drafting errors in articles 33 and 38 that could lead to legal uncertainty regarding how breastfeeding leave was applied and how companies could manage the overlap of such rights among different employees.

By integrating these specific modalities—such as the ability to accumulate hours into full days or the specific rules for simultaneous exercise—the agreement aligns itself more closely with the modern need for work-life balance while providing the legal certainty required by industrial employers. This update ensures that the sector's specific operational needs are balanced against the statutory rights granted to parents under the Workers' Statute.

Who is affected and how

Large Companies and SMEs in the Extractive, Glass, and Ceramic Sectors

All companies operating within the scope of the XXIII Collective Agreement—including those in mining, glass manufacturing, ceramics, and the exclusive trade of these materials—must update their internal labor policies and payroll systems. For HR departments, the primary obligation is to recognize the three different modalities of the breastfeeding leave (split hours, 30-minute reduction, or accumulation) and to ensure that any denial of simultaneous leave is backed by a written, objective operational justification and an alternative plan. Failure to provide an alternative plan when denying simultaneous leave could lead to labor disputes.

Employees within these sectors gain significant autonomy over how they manage their time. Instead of a rigid one-hour absence, they can now choose the method that best suits their family needs, whether that means leaving earlier/later every day or taking full days off to care for the infant. It is important to note that this right is non-transferable; you cannot 'give' your hour to your partner.

Self-employed individuals operating within these specific industrial sectors who are covered by this collective agreement must also adhere to these rules. While the practical application of 'absence' differs for a solo operator, the legal framework regarding the rights and the structure of the agreement remains the standard for the sector.

What to do and when

Since this resolution has been registered and published in the BOE (BOE-A-2026-17491), the modified articles are effective immediately for all parties covered by the XXIII Collective Agreement. Companies should take the following steps:

• Audit Current Leave Policies: Review how breastfeeding and infant care leave is currently being managed to ensure it complies with the new modalities in article 33.2.
• Update Internal Regulations: Ensure that any internal company rules regarding working hours and leave reflect the possibility of accumulating hours or reducing the day by 30 minutes.
• Prepare for Simultaneous Requests: Establish a protocol for documenting 'objective operational reasons' should the company need to limit the simultaneous exercise of this right by two employees for the same child, ensuring an alternative plan is always ready to be offered.

For specific guidance on how these changes impact your particular workforce or to resolve doubts regarding the implementation of these rights, we recommend consulting with the specialized labor area at BMC.