The Supreme Court upholds the right to an extra 10 weeks of leave for single-parent families

BarcelonaThe Supreme Court has taken a definitive step in the protection of children born into single-parent families. Through ruling STS 234/2026, of January 23, the social chamber of the Supreme Court invokes the doctrine of the Constitutional Court and affirms that "the sole parent in a single-parent family is entitled to an additional 10 weeks of leave that would correspond to another parent. This applies to children born into two-parent families, who are therefore entitled to 16 weeks plus another 10." The ruling stems from an appeal filed against a judgment of the High Court of Justice of the Valencian Community, which upheld a decision by the Social Court No. 5 of Castellón that had rejected the request. The Supreme Court, while not recognizing the full 16 weeks, grants 10, since the first six are mandatory and non-transferable after childbirth. Specifically, the Supreme Court applies the doctrine established in the Constitutional Court's ruling. Judgment 140/2024 declared unconstitutional the legal omission that prevented extending this leave in cases of single-parent families. The ruling established that maintaining this distinction generated discrimination based on birth, contrary to Article 14 of the Constitution.

The lawyers' organization, which has extensive experience in litigation with Social Security and benefits, emphasizes that from a legal perspective, this ruling resolves a benefits conflict: "It introduces a mandatory interpretation of the Social Security system in accordance with the principle of equality and the best interests of the child." The Constitutional Court determines that a structural difference in protection between minors based on the family model into which they were born cannot be maintained.

According to Unive Advocats, this ruling opens "a clear and legally sound avenue for claims in cases where only the standard 16 weeks have been granted," when dealing with single-parent families. In practice, single mothers and single-parent families who have been systematically denied leave will be able to benefit. This expansion, despite the constitutional mandate to guarantee equivalent protection for children regardless of family structure, is significant. "We are facing a ruling of enormous social impact, which corrects a clear inequality and places the best interests of the child at the center of the system," the firm's legal team points out. This demand has been one of the main calls for years from the group representing single-parent families. Precisely because of this direct contact with the affected families, the firm emphasizes the importance of those in this situation being able to find out and file a claim as soon as possible to enforce the right recognized by the Supreme Court.

Other previous rulings also pointed in that direction. A teacher from Valladolid brought the controversy surrounding additional leave for single-parent families all the way to the Supreme Court, the only court that can establish legal precedent and unify criteria. Following the appeal, in this case filed by a civil servant, the Supreme Court recognized for the first time the right of single-parent families to extend maternity leave to 26 weeks. The high court emphasized that a child born into a single-parent family should be able to be accompanied and cared for for the same amount of time as if they had been born into a two-parent family. It held that "any form of discrimination based on birth, and on any other personal or social condition or circumstance, depending on whether they were born into one type of family or another," must be avoided; for example, whether they are employed in the public or private sector.