Parental Leave in Spain: A Judicial Change that Could Mark a Before and After
In a recent article published in El Periódico, Alberto Novoa, partner of RocaJunyent, analyses a court decision that could revolutionise the application of parental leave in Spain. A judge in Barcelona has revived the debate on whether the eight-week parental leave, recognised in the Family Law, should be paid or unpaid.
Until now, the prevailing view was that parental leave, which is distinct from paternity or maternity leave, was unpaid. However, a recent court ruling has condemned the Barcelona City Council to compensate a municipal employee for not paying him during his leave days.
What has changed?
The change is due to the timetable for the transposition of a European directive. Spain, like other EU member states, had until 2 August this year to recognise by law the right to be paid during these days of leave. ‘The problem is that the directive makes it clear that the leave must be paid, but delegates to the member states the specific regulation of how it is to be paid,’ explains Alberto Novoa. And Spain has not done so.
This is one of the main arguments of the magistrate to force the City Council to pay the leave to its employee. Once the deadline for transposition has passed, the directive allows the right to claim it directly. ‘It opens up the possibility that civil servants and also private sector workers can demand payment for parental leave from 2 August 2024, based on the lack of transposition of the directive,’ says Novoa.
How much is paid?
The lack of transposition of the EU directive has opened the door for both civil servants and private sector workers to claim parental leave pay. This court ruling could be the first of many in which this right is recognised.
Access to the complete article (available in Spanish)
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