The Tribunal Superior de Justicia de Canarias has recognized the right of a worker to a reduction of working hours of 99% to care for his son with severe autism.
Initially, the Mutual and a Court alleged that the minor did not meet the requirement of a prolonged hospital stay to deny him this benefit.
The Social Chamber of the TSJC, formed by magistrates Gloria Poyatos, Óscar González and Javier Ercilla García, at its headquarters in Las Palmas, in a judgment notified in recent days, has revoked the instance ruling unfavorable to the family and has recognized the father's right to reduced working hours, since the child needs continuous attention from his parents.
The minor presents a picture of autism spectrum disorder, language delay, eating disorder, and severe behavioral disorder, qualifying the situation as one of great dependency, in degree three.
"The fact that the minor has not required a prolonged hospital stay", says the Chamber, "does not mean that their situation is less serious nor that their care needs are lesser, quite the contrary, autism spectrum pathologies, with the severity they present, demand precisely a constant attention in the family environment, this being the most appropriate therapeutic setting for their treatment,” the TSJC has added.
At the same time, the Chamber has indicated that denying this benefit “would amount to establishing an unjustified discrimination between minors with illnesses that typically require hospitalization and those whose pathologies, being equally serious and demanding identical dedication from their parents, are preferably treated on an outpatient or home basis".
