A judge has recognized the payment of the new eight-week parental leave to a worker in a “pioneering” ruling, celebrates the CSIF union, which has defended the worker, a public employee of Barcelona City Council. This leave to care for children up to eight years old is currently not paid in legislation, which is why Brussels has opened a file against Spain. However, the judge recognizes the payment by directly applying the European Conciliation Directive from which this new right comes.
The plaintiff requested paid parental leave to care for a child under 8 years of age and enjoyed it between October and December 2023, explains the union. “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,” he details.
The judge who studied the case, from the Contentious-Administrative Court number 1 of Barcelona, considers that this new eight-week parental leave incorporated into article 49 of the EBEP (Basic Statute of Public Employees) “must be paid, as in general “other permits” that are included in this article are, although this does not expressly establish “such a paid nature.”
Directly applies European regulations
The sentence, which has advanced El Paíshighlights the binding nature of European regulations and, specifically in this case, Directive 2019/1158 on the reconciliation of family and professional life.
This establishes, regarding this care leave, that “the Member State or the social partners will define said remuneration or financial benefit, and will do so in a way that facilitates the ability of both parents to enjoy parental leave.” However, the Government has not yet recognized the payment of this new permit, as the unions demanded.
From the Ministries of Social Rights and Labor, portfolios in the hands of Sumar within the coalition Executive, this remuneration has been promised on several occasions, but for the moment it has not come to fruition. In a recent interview in elDiario.es, Minister Pablo Bustinduy highlighted that the approval of the tax reform generates “sufficient fiscal margin for the Budgets to be as ambitious and redistributive as possible” and include this payment.
“Both measures [junto al permiso de maternidad y paternidad de 20 semanas] They have to see the light, they are essential to improve the conditions of reconciliation for families in Spain,” said Bustinduy.
The magistrate who has studied the complaint of this public worker emphasizes that the provisions of European regulations “are unconditional, sufficiently clear and precise and attribute rights to individuals”, which is why she recognizes the paid nature of the leave.
“In addition, it is undeniable that the Spanish State has not transposed the directive before the corresponding deadline,” highlights the judge. The European Commission has in fact taken the first step to initiate an infringement procedure against Spain for not having transposed this regulation.
Recognizes 4,000 euros for the worker
The ruling recognizes the right to pay the permit, which in this case involves payment of 4,000 euros to the Barcelona City Council worker, plus interest. The ruling can be appealed by the Consistory.
CSIF celebrates “this pioneering ruling, even if it is in the first instance, and will promote similar claims in other areas of public administration so that justice creates jurisprudence on this issue,” it announced in a press release.
“We understand that the Government must adopt the remuneration directive without further delay. It is not understood that a Government that has been publicly championing the recognition of the rights of workers in matters of conciliation, restricts the enjoyment of parental leave,” adds the union.
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