The Contentious-Administrative Court number 1 of Barcelona has issued a ruling recognizing the right of an employee public of the City Council to enjoy parental leave of eight weeks paid care to care for his son.
The sentence affects a public employee whose case has been defended by the Independent Trade Union Center and Officials (CSIF), which has described the court ruling as “pioneering.” The plaintiff requested paid parental leave from Barcelona City Council to care for a child under eight years of age, which he enjoyed between October and December 2023, as reported by CSIF.
Initially, The City Council considered the permit as paid, but later changed its position and declared it as unpaid, giving rise to the judicial claim. In the ruling, the judge points out that “it is undeniable that this leave has had remunerative effects on the part of Barcelona City Council, so the council cannot now go against the paid nature of the parental leave that it has previously recognized.”
The judge admits that the determination of parental leave, paid or unpaid, “is a unresolved issue in Spanish legislation“, because, as he underlines, Spain has not yet transposed the European directive on the reconciliation of family and professional life for parents and caregivers.
In a statement, CSIF has celebrated this ruling, even if it is in the first instance, and has advanced that it will promote similar claims in other areas of public administrations to that Justice creates jurisprudence on this issue. In any case, the union has appealed to the central government to adopt “without further delay” the European directive on a remunerative basis.
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