The Superior Court of Justice of the Basque Country (TSJPV) has recognized the right of a worker who, as a mother, formed a single parent family enjoy 24 weeks of leave for birth and childcare, by adding to the 16 weeks of maternity leave the eight additional weeks regulated as leave for the other parent, sources from the ELA union have reported, which has promoted the case in court.
As they have pointed out, in a recent sentence, which has been appealed by the Public Prosecutor’s Office, the high court has upheld the claim of the worker, an ELA lawyer, who had a daughter in June 2019 forming a single-parent family and that after enjoying the Maternity leave (currently called birth and childcare leave) requested those additional 8 weeks of leave from the National Social Security Institute, which was denied.
The worker appealed and the TSJPV has declared their right to enjoy the additional 8 weeks of benefit for birth and childcare and has ordered the INSS and the General Treasury of Social Security (TGSS) to pay the corresponding benefit, according to ELA.
The union has explained that the court has taken into account the protection of the minor understanding that their attention, care and development will suffer a decrease compared to those others in a similar situation, framed in a “biparental” family model.
ELA has shown that while minors from «two-parent» families according to the 2019 regulations «had the right to enjoy the care of their parents, for a period of 16 + 8 weeks, those from single-parent families only had the right to enjoy the taking care of his only mother, that is to say 16 weeks ».
It has indicated that the TSJPV has considered that the maternity protection rules must be interpreted in light of the general principle of the best interests of the minor who is integrated into the family nucleus with the parent or parents who provide parental care in accordance with the established in the European Convention for the Protection of Human Rights and Fundamental Freedoms and that single-parent families and women would indirectly be discriminated against if this additional 8-week benefit is not recognized.
For ELA, the sentence «presents a clear gender reading since the vast majority of single-parent families are headed by women.