“First final sentence” that recognizes the payment of the eight -week parental permit to a worker, the CSIF union and advanced the country. After achieving another “pioneer” sentence in Barcelona in the same way, a Contentious-Administrative Court of Cuenca recognizes the compensation of the salary for the four weeks of permission that had requested a facultative of the Virgen de la Luz de Cuenca hospital.
The eight -week parental permit was one of the new rights approved by the Government in 2023, with the aim of transposing the European Conciliation Directive. This permission has the objective of caring for children up to eight years and, for the moment, it is not paid in the legislation, which is why Brussels has opened a file to Spain.
According to the sentence, to which Eldiario.es has had access, the affected had requested a four -week parental permit for the care of his daughter under eight years, but the Integrated Care Management (GAI) of Cuenca denied this right Copying in the “lack of regulatory development” of the European norm in Spanish legislation.
The judge who has valued the case argues that the hospital should have recognized the permission to the employee, since the legislation already recognizes this right of absence of work even without remuneration. But, in addition, the substitute magistrate of the Contentious-Administrative Court No. 1 of Cuenca concludes that the parental permit should be paid according to the European Directive, sharing the legal interpretation of the Court of Barcelona that recognized the payment of the permit to another worker.
Citing the ruling of Barcelona, it shares that the provisions of the European Directive “are unconditional, sufficiently clear and precise” and that “the parental permit must be paid, as in general are other permits that are included in article 49 TREBEP”, that collect permits for reconciliation of personal, family and work life, among others.
The magistrate of the Court of Cuenca also criticizes the Health Service of Castilla-La Mancha (SESCAM) that is not “determinant” the fact that the Government has not regulated the conditions of the permit, “since this delay is attributable to the Administration”.
“The permit applicant does not have to suffer the consequences derived from the delay in the regulatory development of the Directive, to which the Spanish State was obliged and submitted to the term without the partial transposition, excluding the remuneration aspect being able to harm the appellant ”, Agumenta the sentence.
Since it was not even given the option to enjoy permission without remuneration, the magistrate considers that the worker “must be compensated.” In addition, he considers in any case that the enjoyment of the permission “should be paid, as has been contemplated in other administrations such as the City of Barcelona” to “avoid inequalities.”
Therefore, it establishes that the employee “must be compensated by the moral damages derived from the deprivation of the permit, with the amount requested, that is, the salary that would have received in the four weeks corresponding to the permit.”
CSIF has held this “pioneer” sentence and has advanced that it will promote similar claims in other areas of public administrations “so that justice creates jurisprudence on this issue.” The union requires, however “that the Government must adopt without further delay the directive with remuneration.”
“It is not understood that a government that has been publicly advocating recognition of rights for working people in matters of conciliation, restricts the enjoyment of parental permit,” CSIF considers. In this sense, the union also criticizes the amendment presented by the PSOE to the Public Function Law with the intention of removing only two weeks of the parental permit. “This is wrong since the directive marks a 4 -month permit, with 8 weeks paid,” says the union.
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