10 weeks more of leave for a female worker due to the birth of a child in a single-parent family

The High Court of Justice of Navarre (TSJN) has issued a ruling that sets a milestone in the protection of the rights of single-parent families. In this ruling, the Social Court recognizes an additional 10 weeks of benefit for the birth and care of a child to a worker, in addition to the 16 weeks already recognized by law.

The decision corrects a previous ruling that had denied the extension based on a regional regulation that was not applicable to the case. The TSJN has made it clear that the applicable regulation is that of the General Law of Social Security, at the state level, without the need to formally prove the single-parent family status in accordance with other regional laws.

Key grounds of the ruling

The TSJN's resolution is based on three main elements:

• The benefit for the birth and care of a child is specifically regulated in state legislation, so it cannot be limited by local regulations.

• The National Institute of Social Security (INSS) never demanded proving the single-parent family status as a requirement to recognize the benefit.

• The Constitutional Court's jurisprudence had already recognized the extension of leaves in single-parent families, without imposing additional accreditation requirements.

Impact on single-parent families

This ruling not only benefits the plaintiff worker, but also reinforces the principle of equality in the protection of minors. The ruling acknowledges that children of single-parent families should enjoy the same care and attention time as those in two-parent families, avoiding administrative burdens or formalities that generate inequality.

Updates on parental leaves

The ruling coincides with the recent reform regarding birth and child care leaves, which introduces significant changes for companies and workers:

• Extension of the leave from 16 to 19 paid weeks for each parent, of which 6 are mandatory and uninterrupted after birth.

• New paid leave of 2 weeks for the care of children under 8 years old, individual and non-transferable, integrated into the 8-week parental leave.

• In single-parent families, the total leave for birth and care now reaches 32 paid weeks, of which 4 can be taken until the child turns 8 years old.

• This new parental leave will be retroactive for births from August 2024, although it can be formally requested from early 2026.

The TSJN ruling represents progress in terms of work-life balance and equality, strengthening the protection of single-parent families and clarifying the application of the regulations. For companies, these updates imply the need to adapt leave management and human resources planning to a constantly evolving legal framework.