Mother of twins gets maternity and paternity leave
She had to take care of her daughters alone and Social Security refused her request, but a judge has ruled in her favour
PalmaA court in Ibiza has granted the mother of two twin daughters - recognised as a single parent family - the leave that would correspond to the other parent, in addition to her own. The judge has given her eight more weeks of leave, as reported by the Balearic Islands Nursing Union (Satse), which had appeared in the case - the affected person is a health worker -, and says it is the first time it happens in the Balearic Islands.
The lawsuit was filed on 23 June 2021 in the social court of Ibiza because the woman had initially asked the National Institute of Social Security to extend the birth and care leave corresponding to the other parent, but it had been denied on the grounds that the current general law of Social Security does not include her situation, nor does the Statute of Workers. The woman appealed to the courts, which finally ruled in her favour because the best interests of the children prevailed, given that they are the ones who receive the care, based on the Convention on Human Rights and Fundamental Freedoms. The union explains that "refusing to extend leave may be seen as a comparative disadvantage" for children in single-parent families compared to those with two parents.
Rights of single-parent families
This is what has led the judge to emphasise that all children deserve to enjoy the same time with their parents and, therefore, to defend that it must be the public authorities who have to fight to ensure that the reconciliation involves the integration of motherhood and work, regardless of the model of cohabitation that each family has chosen. The magistrate considers that the rights of conciliation and family life must be the same for families with one or two parents, with the "aim of preserving the filial relationship".
The judgment grants the mother an additional eight weeks that would correspond to the other parent. Currently, between the two parents there are sixteen weeks of leave. Satse points out that the rights of the child "should not be diminished by the fact of being part of one type of family or another, nor those of the single parent, who is entitled to complete rest and protection in order to assume full responsibility".
