The Contentious-Administrative Court number 1 of Cuenca has recognized a worker his right to the eight-week paid perental, pending transposing in full by the Spanish State.
The sentence, won by the legal services of the Independent Trade Union and officials (CSIF), is the first firm in Spain by which the right to a worker to enjoy the parental permit of eight weeks paid is recognized.
According to the car, to which Europa Press has had access, the affected is a public employee, optional at the Virgen de la Luz Hospital, in Cuenca. This worker had requested a four -week parental permit for the care of her daughter under eight years since October 15, 2024.
Despite the European Directive (EU) 2019/1158, which recognizes up to 8 weeks of paental paid permission, the Integrated Care Management (GAI) of Cuenca denied this right, protecting itself in the “lack of regulatory development” of the European standard in Spanish legislation.
In this sense, the judgment bases that the provisions of the European directive “are unconditional, sufficiently clear and precise,” and also adds that “the parental permit must be paid.” Likewise, AFEA at the Health Service of Castilla-La Mancha (SESCAM) that is not “determining” the fact of not having developed the conditions of the permit, since such delay is attributable to the administration.
“The applicant does not have to suffer the consequences derived from the delay in the regulatory development of the Directive,” explains the sentence. According to the judge, the provisions of European regulations “are unconditional, clear enough and precise and attribute rights to individuals.” “In addition, it is undeniable that the Spanish State has not transposed the directive before the corresponding term,” he argues.
On June 27, 2023, the Government approved a decree on this issue that expressly avoids the development of this benefit with a paid character. CSIF addressed the Executive to issue the appropriate instructions on the obligation of this compensation in both public administrations and in the private sector.
In addition, after the complaint of CSIF, the European Commission issued Spain for breaching the aforementioned directive. For this reason, the union has held this “pioneer” sentence and has advanced that it will promote similar claims in other areas of public administrations “so that justice believes jurisprudence on this issue.”
«In any case, we understand that the Government must adopt without further delay the directive with remuneration. It is not understood that a government that has been publicly advocating the recognition of rights for working people in matters of conciliation, restricts the enjoyment of parental permit, ”said CSIF.
For its part, the PSOE has registered an amendment to the Public Function Law of the General State Administration, which seeks that the parental permit for the care of the minor son welcomed – until the moment when the minor turns eight years old -, be paid in two weeks.
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