2024-10-18 13:05:00
Him Supreme Court recognized this Friday the right of single-parent families headed by a public employee to extend leave for the birth of a child from 16 to 26 weeks to avoid discrimination against the newborn.
The Fourth Section of the Administrative Dispute Chamber has issued a ruling in which it recognizes that this is the interpretation that must be given to the permit governed by the Public Staff Statute, a decision that comes after the appeal of a teacher from Valladolid to the Court which rejected the your request to increase your maternity leave 16 weeks las 10 remaining which would correspond to the other parent (the other 6 will have to be enjoyed jointly immediately after birth).
An administrative contentious tribunal ruled in favor of the mother, deeming that the application of the current legislation to a single-parent family model was clearly discriminatory, but the Superior Court of Justice of Castilla-León annulled the ruling.
The debate on the extension of birth permits in these cases has caused disparities in criteria in the Chambers and in the different parties Superior Courts of Justicebut now the ruling of the Court of Cassation has decided to favor the interest of newborn minors in avoiding “the onset of any form of discrimination due to birth, and to any other personal or social condition or circumstance, depending on whether they were born in one type or another family”.
“The type of family cannot determine the difference in treatment, so those born into a single-parent family will be able to enjoy the care, attention and family protection (provided for by Article 68 of the Civil Code) for a much shorter time, 16 weeks , compared to that If he were born into a family with two parents, he would be 26 weeks old,” says Judge Pilar Teso’s presentation.
So far, the only case of a single-parent family that the law has expressly regulated is that caused by the death of the mother, which allows the sum of the leaves of both parents.
However, the Supreme Court ruling will not, in principle, affect single-parent families whose heads are not public employees, whose situation is awaiting a decision at the Constitutional Court, before which several appeals have been lodged.
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