The ruling rejects the appeal of the National Social Security Institute, which opposed the first court ruling
Andorra la Vella The Tirbunal Superior de Justícia de Catalunya (TSJC) has confirmed the sentence of the Social Court 1 of Mataró, Barcelona, which endorsed granting paternity leave to a father after his son died before birth.
The ruling rejects the appeal of the National Social Security Institute, which opposed the first court ruling and had previously denied the benefit to the man
The man appealed this decision arguing that paternity leave is not only related “to the care of the person born, but also to the principle of reconciliation of family and work life, as well as of a couple”.
Upon receiving the appeal, the judge of Mataró ruled that the man was entitled to the benefit, so she annulled the Social Security ruling that had denied him the leave, arguing that it is a benefit for the care of the child, and in this case he was not born.
The ruling of the Supreme Court on Wednesday concluded the regulations on gestational duel leave for women should not exclude men, because a subsequent rule equated birth leave for both parents, in accordance with European doctrine on the right to equality in this matter.
The CC.OO. union, which represents the worker, said in a statement Wednesday that the ruling “paves the way for a change in the Supreme Court’s (SC) doctrine of recognizing both parents” on equal leave after the loss of a child.