The Social Court number 1 of Las Palmas de Gran Canaria, in a ruling of January 24, 2025, against which no appeal is possible, has declared the right of an Endesa worker to provide services in telework five days a week during her usual hours in order to care for her son with a disability.
This right will be maintained until her son is granted a place, with a degree of disability above 80% that affects the cognitive part of his brain, in a day center.
There is no appeal against this ruling, which is the result of the work of the legal services of CCOO. The union has highlighted "the courage and perseverance of the employee in defending her right to reconciliation and applauds the work of its legal services, which opens the way for other workers in the same situation".
"No one better than a mother or father to take care of their child. With more reason, in the case of a child with a disability, due to their special care and needs. When these young people turn 21 and finish their schooling, the only option left for them is to enter a day center, with waiting lists that are taking between 3 and 5 years," explain from Comisiones Obreras.
The worker, from Gran Canaria, was covered by the company's Telework Agreement, three days of telework a week, and requested to extend it to five days a week in order to reconcile her family and work life, being able to take care of her son at home, as she had done for more than a year and a half due to the Covid-19 pandemic.
She requested the above by asserting the right enshrined in article 34.8 of the Workers' Statute, which establishes that "workers have the right to request adaptations of the duration and distribution of working hours to make their right to reconcile family and work life effective.
To the worker's surprise, her request received a single email from the company rejecting her request and indicating that neither the collective agreement nor the Endesa Telework Agreement contemplated the telework conditions she was requesting and that she should seek help to care for her son during the required face-to-face hours.
They explain from the union that, once the company did not respond to the request of Comisiones Obreras to discuss her case in the Equality Commission, the worker had no other option but to go to court, which has just ruled in her favor.
