Key data
| Regulation | Resolution of July 30, 2026, from the General Labor Directorate — Amendment Agreement to the XXIII Collective Agreement for extractive industries, glass, ceramics and exclusive trade |
|---|---|
| Publication | August 10, 2026 |
| Effective date | August 10, 2026 |
| Affected parties | Workers and companies in extractive industries, glass, ceramics and exclusive trade of these materials |
| Category | Labor Legislation |
| Modified articles | Article 33.2 (breastfeeding permit) and Article 38 (family leave) |
| Official source | BOE-A-2026-17491 |
Companies in the extractive, glass and ceramics sector have new labor obligations effective August 10, 2026. The Resolution of July 30, 2026 from the General Labor Directorate registers and publishes the agreement that modifies two key articles of the XXIII Collective Agreement: article 33.2 on breastfeeding leave and article 38 on leave for family care.
The change is significant: it expands rights, sets specific deadlines and requires companies to act if they restrict the simultaneous exercise of these permits by multiple workers at the same time.
What does this regulation establish?
The agreement modifies two articles of the XXIII Collective Agreement. Below is the detail of each change:
Article 33.2 — Breastfeeding leave (modified)
| Aspect | New content |
|---|---|
| Form of use | The permit can be accumulated in full days or the working day can be reduced by half an hour daily |
| Standard duration | Up to 9 months of the infant (general regime of the Workers' Statute) |
| Extended duration | Up to 12 months if both parents exercise the permit equally |
Article 38 — Family leave (modified)
| Type of leave | Maximum duration | Job reservation |
|---|---|---|
| Child care | Up to 3 years from birth or adoption | Guaranteed for the first 2 years |
| Family care | Up to 2 years | Guaranteed for the first 2 years |
New licenses and added recognitions
- Unpaid leave for national adoption: 15 days to carry out necessary procedures.
- Unpaid leave for international adoption: 60 days to carry out procedures in the country of origin of the minor.
- Parental leave under article 48 bis of the Workers' Statute: is expressly recognized in the agreement.
- Company obligation for alternative plans: if the company limits the simultaneous exercise of these rights by multiple workers, it must offer alternative plans to those affected.
Economic and operational impact
The impact is not only regulatory compliance: there are direct operational consequences for workforce planning.
- Coverage of longer absences: leave for child care can reach 3 years. During the first 2 years, the company must reserve the exact position, which affects the hiring of replacements.
- Management of accumulated breastfeeding leave: if the worker chooses to accumulate the leave in full days, they can be absent for several consecutive days. The company must plan for this.
- Unpaid leave for adoption: although unpaid, they generate planned absences of up to 60 days that must be managed operationally.
- Obligation for alternative plans: if the company denies or limits the simultaneous exercise of these rights to multiple workers, it cannot do so without offering a documented alternative. This implies an internal process that must be defined.
- Express recognition of parental leave (art. 48 bis ET): its inclusion in the agreement strengthens enforceability by the worker and the company's obligation to grant it without need for further negotiation.
Who does it affect?
- Companies in extractive industries (mining, quarries, mineral extraction) subject to the XXIII State Collective Agreement.
- Companies in glass industries (manufacturing, processing, distribution).
- Companies in ceramic industries (manufacturing of ceramic products, tiles, sanitary ware, etc.).
- Companies in exclusive trade of the above materials (specialized distributors and marketers).
- Workers in the above sectors who request or have active breastfeeding leave, family leave or adoption leave.
- HR departments and labor advisors who manage contracts and absences in these companies.
Practical example
A ceramic company with 35 employees has two workers on staff who simultaneously request accumulated breastfeeding leave in full days. The company claims it cannot manage two absences at the same time and denies one of them.
With the new wording of article 38, the company cannot simply deny it: it is obligated to offer an alternative plan to the worker whose leave has been limited. If it does not, it breaches the agreement and the worker can claim. Additionally, if one of the two parents also exercises breastfeeding leave, the maximum duration extends from 9 to 12 months, which extends the period of planning for the absence.
In the case of an international adoption, that same worker would be entitled to 60 days of unpaid leave for procedures in the country of origin of the minor, an absence that the company must manage even though there is no direct salary cost.
What should companies do now?
- Review internal procedures for managing breastfeeding leave: ensure that the system allows for accumulation in full days and reduction of half an hour, and that it contemplates extension to 12 months when both parents exercise the leave.
- Update the register of active leave: verify which workers have active leave and whether job reservation is correctly documented for the first two years.
- Define the protocol for adoption leave: create a clear procedure that distinguishes between national adoption (15 days) and international (60 days) and establishes how the absence is managed operationally.
- Incorporate parental leave from article 48 bis ET into the internal manual: its express recognition in the agreement makes it directly enforceable; the HR department must understand its scope and processing.
- Establish the "alternative plan" process: if the company needs to limit the simultaneous exercise of these rights by multiple workers, it must have documented how it offers and negotiates the alternative to avoid agreement breaches.
- Communicate the changes to middle management: team leaders must know the new rights to avoid incorrectly denying permits or generating avoidable labor conflicts.
Frequently asked questions
How long is breastfeeding leave in the extractive, glass and ceramics agreement after the 2026 modification?
Breastfeeding leave can be enjoyed by reducing the working day by half an hour daily or by accumulating it in full days. The standard duration is up to 9 months of the infant. If both parents exercise the leave equally, it can be extended to 12 months.
How long is a worker's job guaranteed in leave for child care in this agreement?
Job reservation is guaranteed for the first 2 years of leave. Leave for child care can last up to 3 years from birth or adoption; the third year does not have guaranteed job reservation under the agreement, only the right to a position of similar category.
How many days of leave correspond for adoption procedures according to the new article 38?
The agreement distinguishes two cases: 15 days of unpaid leave for national adoptions and 60 days of unpaid leave for international adoptions, intended to carry out necessary procedures in the country of origin of the minor.
Can the company deny breastfeeding leave or leave if another worker is already enjoying it?
It cannot deny it outright. If the company limits the simultaneous exercise of these rights by multiple workers, it is obligated to offer an alternative plan to the affected worker. Failing to do so constitutes a breach of article 38 of the modified agreement.
When do these modifications to the XXIII Collective Agreement become mandatory?
The modifications are mandatory as of August 10, 2026, the date of publication in the BOE of the Resolution of July 30, 2026 from the General Labor Directorate (BOE-A-2026-17491).
Official source
View complete regulation at official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17491
