Spain rules in favour of single parents' extended leave

Court deems it unconstitutional to deny single parents the same caregiving time

Spain rules in favour of single parents' extended leave

Single parents' leave days, however, remain short of the 32 weeks that both parents receive in total

Spain's Constitutional Court has ruled that single parents are entitled to the same parental leave benefits as couples, increasing their leave to 26 weeks, according to reports.

This decision addresses an oversight in the Family Law reform implemented earlier this year, which did not include specific provisions for the country's nearly two million single-parent families, Murcia Today reported.

Under the current system, both parents in dual-parent households are entitled to 16 weeks of paid leave each, totalling 32 weeks. Single parents, however, were left with only 16 weeks, imposing a significant disparity. 

The court found it unconstitutional to deny single parents the same caregiving time available to two-parent families. It also highlighted that this inequality disproportionately impacts women, as they represent the majority of single parents in Spain. 

Parental leave implementation concerns

The Ministry of Social Rights welcomed the decision, but noted some confusion remains over the implementation of the ruling, Murcia Today reported.

Unless the Family Law is explicitly amended, single parents will only be entitled to an additional 10 weeks of leave beyond the mandatory 16 weeks, bringing their total leave to 26 weeks. This is still short of the 32 weeks of parental leave that both parents receive in total.

According to Murcia Today, explicit alterations to the regulations are now being pushed by the Ministry of Social Rights.