The Contentious-Administrative Court number 10 of Valencia has issued a sentence that allows an official of the Administration of Justice and mother in a single-parent family to extend the maternity leave with the period that would correspond to the other parent, despite the fact that in this case does not exist.
Last January, another court, the Contentious-Administrative Court number 7, also recognized the right of a mother of a single-parent family to additionally enjoy the 16 weeks of paternity leave that would have corresponded to the other parent in the case of a two-parent family.
As reported by the CCOO union, which filed an appeal against the resolution denying this permit, the court understands that “the matter must not only be studied from the perspective of ordinary legality, but also taking into account its constitutional dimension and international regulations, since our Constitution consecrates the primacy of the interest and protection of minors”.
Given that statistically the majority of single-parent households are made up of women, the denial of the right affects equality between men and women, insofar as it causes indirect discrimination based on sex (art. 14 CE, art. 21.1 of the Charter of the Fundamental Rights of the European Union and articles 1 and 4 of Council Directive 79/7/EEC, point out the same sources.
Therefore, the judge recognizes the individualized right of the civil servant to enjoy the additional 10 weeks, since if the additional 16 weeks were granted, they would add a total of 32 weeks compared to the total 26 weeks of the two-parent family, since the six weeks Immediately after the birth of the permission of the other parent, they are enjoyed simultaneously with the permission of the biological mother.
The judgment is not final and the CCOO expects it to be appealed by the Generalitat Valenciana Lawyers.
