The Government is studying whether to double maternity leave for single-parent families. The Supreme Court determined last week to extend this leave, which is 16 weeks for each parent, to single-parent families, which are increasingly common. However, the Supreme Court, instead of extending it to 32 weeks, did it at 26 weekssince the first six weeks are required by law for both parents to take them at the same time after the birth of the child.
Furthermore, the Constitutional Court is currently analyzing whether or not it is discriminatory for minors in single-parent families who only have 16 weeks of care, compared to the 26 weeks they have if they were born in a two-parent family.
The Minister of Inclusion, Social Security and Migration, Elma Saiz, highlighted this Tuesday that your department is studying the legal possibilities that single parents can enjoy double paternity leave and explained that the Constitutional Court must rule on the matter, so the ruling will foreseeably be awaited.
Saiz made this reflection during the Government control session in the Senate, where the Bildu parliamentarian asked him if the Government is going to adopt a decision in response to the different pronouncements of different chambers of the Supreme Court.
“The solution that can be given to this question not only affects the scope of Social Security contributory benefitsbut It also directly affects the scope of the contractual relationship with the employer.since the enjoyment of this benefit also affects the provision for suspension of the contract regulated in the Workers’ Statute,” argued Saiz.
Finally, he announced that in the first half of the year, 235,000 files for birth and child care were processed, in a “very similar” percentage between mothers and fathers.
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