A ruling grants additional birth and care leave to single-parent families of the Provincial Council of Bizkaia
A ruling confirms that "the four additional weeks are a conventional, fully applicable improvement that cannot be eliminated or reduced in accordance with subsequent legislative changes".
Holding hands with a baby.
The ELA union reported on Monday that it had obtained a judgement in the first instance in the collective dispute brought against the Provincial Council of Bizkaia (DFB) and the Foral Social Assistance Institute (IFAS).
"That the four additional weeks are a conventional improvement that is fully applicable and cannot be eliminated or reduced in accordance with subsequent legislative changes," the judgement states.
The judgement emphasizes that "in the negotiation of the Convention, the will of the parties was to improve existing legislation", and that it is not in accordance with the law that subsequent legislative changes absorb this improvement.
This decision follows the change of approach established by the Constitutional Courtin its judgement 140/2024 of 6 November, which declared article 48.4 of the Workers' Statute and article 177 of the General Social Security Act unconstitutional, on the grounds that they constitute indirect discrimination against single-parent families.
The Constitution specified that a minor born in a single-parent family may not receive a significantly shorter period of care than a minor born in a two-parent family, and recognized that a single parent is entitled to a leave of up to 26 weeks (16 weeks + 10 additional ordinary weeks), in application of the principle of child protection enshrined in article 39 of the Constitution.
For all these reasons, ELA urges the Provincial Council and the Foral Social Assistance Institute not to appeal and to apply without delay what the courts have declared.
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