The Contentious-Administrative Court number 1 of Barcelona has issued a ruling recognizing, for the first time in Spain, the right of a worker to take eight weeks paid parental leaveas established by European Union Directive 2019/1158, pending full transposition by the Spanish State.
The sentence affects a public employee of Barcelona City Councildefended by the Independent Trade Union Center and Civil Servants (CSIF). The plaintiff requested paid parental leave to care for a child under 8 years of age and took it between October and December 2023.
Initially, the City Council considered the permit as paid, but later changed its position and declared it as unpaidgiving rise to the judicial claim.
The judge in charge of the case highlights the binding nature of European regulations regarding the reconciliation of family life and professional life. According to it, the provisions of the regulations “are unconditional, sufficiently clear and precise and attribute rights to individuals. Besides, It is undeniable that the Spanish State has not transposed the directive before the corresponding deadline».
Pioneering ruling
On June 27, 2023, the Government approved a decree on this issue that expressly prevents the development of this benefit on a paid basis. CSIF addressed the Executive to issue the appropriate instructions on the mandatory nature of this remuneration in both public administrations and the private sector. Furthermore, after CSIF’s complaint, the European Commission filed a case against Spain for failing to comply with the aforementioned directive.
For this reason, CSIF celebrates this pioneering ruling, even if it is in the first instance, and will promote similar claims in other areas of public administrations so that justice creates jurisprudence on this issue.
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