2023-10-05 23:46:39
The entry into force of the Animal Welfare Law has come with various doubts about its application and scope. One of them has to do with what happens when a pet falls ill and its owner has to miss work time to care for it or to receive assistance from a veterinarian. In other words, can you take time off work to care for an animal?
The key to the law that could open the door to a paid care permit lies in the section that states that pets must be integrated whenever possible into the family nucleus “in good health and hygiene.” As explained by lawyer Xavi Abat through his TikTok account, this is a mystery in which several factors and antecedents come into play.
In his opinion, the lawyer indicates that it would be possible and presents a series of arguments to defend this position. “The Civil Code has modified the animal welfare law and companion animals are no longer considered things, but are sentient beings,” Abat recalled, resolving that “if we want to comply with the law, we have to care for and protect them.” our pets”.
“They couldn’t fire us” and “there is more”: the key sentences
“If we took sick leave to take care of our animal, we would be acting in accordance with the law, which also tells us that an animal is part of our family,” he defends, specifying that “they could not fire us for it” and that “there are more “.
“Although it is true that the Workers’ Statute does not include this exception for sick leave, they have already added some sentences that support what I am saying,” said the lawyer, citing the ruling of the Superior Court of Justice of Catalonia ( TSJC) of November 12, 2021, “for which a worker who was absent from work one day to take care of his dog who was at the veterinarian” and his dismissal was declared inadmissible.
“Among other reasons, the court says that this person could benefit from the animal protection law of Catalonia [norma autonómica anterior a la nacional]therefore the absence of this worker had a legal basis and was fully justified.” Therefore, with the entry into force of a higher-ranking norm, it is possible to resort to that legal basis, but taking into account a key factor , which, since it is not included in the Workers’ Statute, the result in a trial can be unexpected for both parties.
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