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World Media Hails Spain’s Progressive Single Parents’ Leave Policy
Spain's single parent ruling, mother and baby. The International Reporter

World Media Hails Spain’s Progressive Single Parents’ Leave Policy

Spain has recently made global headlines with a groundbreaking court decision that ensures single parents receive the same paid leave as couples. This ruling marks a significant step toward equality for single-parent families, making sure that children born into these families are not discriminated against. Let’s break down what this means and why it’s such a big deal.


What Does the Ruling Say?

The Superior Court of Justice (TSJ) in Murcia, Spain, ruled on January 9 that a single mother is entitled to 32 weeks of paid leave to care for her child. This is double the usual 16 weeks granted to one parent in a two-parent household. The court’s decision allows the mother to combine her 16 weeks of maternity leave with an additional 16 weeks that would have been allocated to a second parent in a two-parent family. This ruling came after the mother appealed a previous decision by a social court in Murcia, which had denied her request for extended leave.

Why Is This a Big Deal?

This decision is groundbreaking because it challenges the traditional approach to parental leave in Spain. Until now, single parents were only entitled to 16 weeks of leave, while couples could combine their leave to care for their child for a longer period. The court’s ruling aligns with a November 2024 decision by Spain’s Constitutional Court, which stated that denying single parents equal leave was unconstitutional.

The Constitutional Court argued that Spain’s Workers’ Statute and Social Security Law were discriminatory because they did not allow children in single-parent families to receive the same amount of care as those in two-parent families, despite having identical needs. This new ruling sets a precedent, as it is the first time a lower court has applied the Constitutional Court’s doctrine.

What Does This Mean for the Future?

This ruling could change how parental leave works in Spain going forward. It’s the first time a regular court, like local courts, regional courts, or even the Supreme Court, has followed the Constitutional Court’s guidance on this issue. Once the decision is finalized, it will set a new standard for how single parents’ rights to equal leave are applied across the country.

While the National Institute of Social Security has the option to appeal the decision, it has so far only requested clarification on whether the mother should receive 16 or 10 weeks of additional leave. This is because the Workers’ Statute mandates that in two-parent families, both parents must take the first six weeks of leave immediately after the birth.

A Step Toward Equality

This ruling is a significant victory for single parents in Spain, ensuring that their children receive the same care and attention as those in two-parent families. It also shows why laws need to change to keep up with the different kinds of families we have today.

As Spain continues to lead the way in progressive family policies, this decision sets an example for other countries to follow. It’s a reminder that every child deserves equal care, regardless of their family structure. For single parents, this ruling is not just about paid leave, it’s about recognition, equality, and the right to provide the best possible start for their children.

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John

That’s brilliant 👏 well done again Spain….

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