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Single-parent families can take 26 weeks of parental leave

Single-parent families can take 26 weeks of parental leave

The Supreme Court corrects the Administration and states that limiting the leave to 16 weeks is discrimination against the newborn

Alfonso Torices

Madrid

Viernes, 18 de octubre 2024, 15:50

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The Supreme Court has made a decision that will be crucial for hundreds of thousands of single-parent families in this country. The Fourth Section of the Administrative Litigation Chamber has concluded that the sole mother or father heading these households, contrary to what public administrations currently dictate, have the right to add the paternity leave that Spanish law grants to both parents, which in their case would be set at a maximum of 26 weeks, the 32 of both parents minus the initial six that the rule requires the second member of the couple to take at the same time as the first.

The high court issues the ruling to resolve a particular appeal from a teacher and mother in Valladolid, but at the same time uses it to set a precedent, which is mandatory from now on for all courts and administrations, in a matter where in recent years different Spanish judges and courts have resolved with disparate and even contradictory decisions.

Essentially, the judges of the Fourth Section, in a ruling with Judge Pilar Teso as the speaker, indicate that every head of a single-parent family has the right to take 26 weeks of paternity leave because, if not allowed to do so, as public administrations have done until now, the best interest of the child would be ignored and the newborn would be discriminated against solely because of the type of family they belong to, both violations of rights enshrined in the Constitution.

The Supreme Court's resolution goes even further than the plans the Government has for single-parent leave, which aims to extend its duration from 16 to 20 weeks for each parent through amendments to its Family Law - a bill currently being processed in Parliament - but does not foresee allowing the accumulation of licenses for single-parent households, which, according to the new doctrine of the high court, would have the right to take 34 weeks if the legal reform underway is carried out as planned.

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