Good news comes from Murcia. A Judgment recognizes the right to request leave due to breastfeeding risk, as recognized by current legislation. A worker at the Reina Sofía Hospital has won a final sentence that can serve other nursing mothers who are in a similar situation. A report had indicated as a danger "the lack of privacy for the extraction of milk" but the worker had initially been denied work leave. However, the case has reached the Superior Court of Justice of Murcia and they have proved it right.
This is a worker at the Reina Sofía hospital in Murcia, who requested a change of department after giving birth and starting the period of breastfeeding. The woman was denied this request and therefore requested a leave from work, which was also denied. She claimed the existence of breastfeeding risks in his job.
The woman had worked in the aforementioned department on rotating shifts morning, afternoon and night. She was a mother in February 2008. She then requested, following all legal procedures, to adapt her working conditions to reduce risks during breastfeeding. The Occupational Risk Prevention service prepared a report, in May 2008, which warned of the situation of occupational risk during breastfeeding. Among these risks, "the lack of privacy necessary for the extraction of milk if necessary in the staff's living room" stood out.
But the Director General of Nursing sent a report to the Human Resources service stating that there was no job available compatible with the situation of women. She, therefore, asked to leave work while breastfeeding, as recognized in the law.
The Social Court number 3 of Murcia dismissed the claim of this worker. She, however, appealed to the Social Chamber, which has finally proved her right. "We recognize the situation of low risk due to breastfeeding with the right to provide 100% of the regulatory base."
It is excellent news that I hope will help many other mothers in a similar situation so that they are not afraid to demand the rights that the law recognizes for them and for their babies. Women have the right to request that their working conditions be compatible with breastfeeding or to request leave if this is not possible. This judgment that acknowledges the leave due to breastfeeding risk He has put it into practice.
