Spain: court recognises right of single-parent families to combine maternity leave and second parent leave

The High Court of the Basque Country has allowed a single mother to take the periods of parental leave permitted by law – 16 weeks of maternity leave and 8 weeks of leave for the second parent – consecutively. As a result the mother will be entitled to 24 weeks of parental leave. The decision stems from a claim made by a mother, who wanted to take both periods of leave following the birth of her child. Initially, social security rejected her claim on the grounds that the employee’s situation did not “correspond to any protected circumstances”. The court of first instance confirmed the refusal on the part of social security, underlining that this benefit for the birth and care of a minor is a right that cannot be transferred between parents and that if there is only one parent, there is only one leave entitlement. However the High Court of the Basque Country has amended this decision, in the best interests of the child, and has ordered that the full allowance be paid for the 24-week period. According to the ELA trade union, which brought the case to court, the decision takes into account that the purpose of parental leave is first and foremost to foster attention, care and development of the child concerned. Refusing the leave allowance for the second parent would be a “clear reduction” in the quality of care for the child, when compared to the situation of a two-parent family. The decision may still be appealed. Several similar cases have been brought before Spanish courts.