The Contentious-Administrative Court number 1 of León has recognized the right of an official to Additional 16 weeks of maternity permission for being single -parent family.
The sentence issued collects The extension of the right of the public employee to enjoy the weeks provided by the law for the parent different from the mother.
This judicial decision comes after The appeal filed by the interested partyofficial of the Provincial Directorate of Education of the Junta de Castilla y León, against a resolution that dismissed this concession.
This issue had been resolved by the Supreme Court in a sentence issued on October 15 last year in which the right of single -parent families to enjoy the maternity permits of the other parent, With the “best interests of the minor” as the main argument.
«The reasons why new newborns are not understandable They can receive attention for longer and the care of any of their parents, public employees and others not «, according to the high court.
Along these lines, the text of the sentence points out that children born in single -parent families «They are deprived of the stay with the parent the same time as if he had a different parent than the biological mother «.
For its resolution, the TS has taken into account the assumption contemplated in the Law of the Basic Statute of the Public Employee by which, in case of death of one of the parents, The other can use the entire permission of the deceased.
For all this, the judge has declared void the resolutions issued by the Junta de Castilla y León against the mother of the mother to enjoy the additional permission weeks and has recognized the right to them.
In addition, “taking into account the diverse jurisprudence of the Superior Courts of Justice and the recent Judgment of the TS,” Avoid imposing the coasts on the demanded administration. Instead, each party pay the coasts caused to its instance.
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