The Social Court Number 3 of Arrecife has recognized the right of a single mother to extend maternity benefits to 26 weeks, thus adding 10 additional weeks to what is established, to compensate for the days that would have corresponded to the other parent.
The ruling has thus given her the reason and has partially upheld her claim, in which she claimed that the extension was for 16 weeks. In this regard, the ruling cites other judgments and concludes that although the paternity leave is 16 weeks, 6 of them must be enjoyed immediately after childbirth, so both parents coincide. "It would imply an inequality, because the single-parent family would enjoy 32 weeks compared to the 26 of the two-parent family, in case of alternation instead of joint enjoyment," he says.
The ruling, which is not yet final, thus obliges the National Institute and the General Treasury of Social Security to now recognize this right to this mother for 10 more weeks, but only in economic terms and not sick leave, since the child has already reached 12 months, which is the limit set by law for sick leave for this reason.
The ruling, which warns of the lack of regulatory protection with regard to single-parent families, is based on a criterion of non-discrimination, and also on the rights of the child. Thus, after citing different jurisprudence, it concludes that denying the benefit to the beneficiary would imply a violation of the right to equality enshrined in the Convention on the Rights of the Child.
"We requested 16 weeks, and we have been given a partial estimate, but in any case, it is a very important step towards equality," says the plaintiff's lawyer, Ithaisa Niz Betancort, from the Platinum Lex firm.
In addition, she emphasizes that "this is the first judgment issued by the Courts of Arrecife in this matter." "There have been pronouncements on this issue in the capital islands, but not in this judicial district," she says.
A request rejected on several occasions
After exhausting the 16-week benefit that had been recognized in mid-2021, the plaintiff went to the National Institute of Social Security, claiming the days that would have corresponded to the other parent. However, her request was rejected.
The woman reapplied twice more without success, until she decided to go to court. Now, this ruling issued on June 27 has recognized that right.
