The European Justice has not ruled on the legal provisions regarding birth permits for single-parent families and has left the decision in the hands of the Government. Meanwhile, the Court of Justice of the European Union (CJEU) has declined to address whether it is discriminatory that national regulations do not allow for an extension of maternity leave and benefits for single-parent families.
The CJEU ruled that the community directive on the reconciliation of family and professional life does not regulate the extension of leave for single-parent families, giving Spain authority to decide on this matter. However, Yolanda Valdeolivas, a labor law expert, believes that Spanish law already allows for extensions similar to what was requested in this case.
The CJEU also distinguished between maternity and paternity leave and parental leave. Maternity leave aims to protect a woman’s biological condition and special relationships with her child, while paternity leave is granted for caring for children. Parental leave is granted for both men and women after birth or adoption.
Despite this distinction, there is still debate in both legal and political arenas about whether single-parent families should receive additional leave benefits. The Government is working on improvements for single-parent families and other legal modifications to comply with European directives.
In conclusion, the CJEU’s decision leaves birth permits for single-parent families in the hands of Spanish authorities while continuing to debate over extensions of parental leave benefits in both legal and political spheres.
