The Ministry of Education, Culture, Universities and Employment of the Generalitat Valenciana now assures that it will collect in a circular addressed to non-university teaching staff the content of which declares the rule unconstitutional. In this way, “for the sake of superior protection of minors in single-parent families” they will be able to access a 10-week extension of maternity leave. The modification will occur “in the coming weeks, as soon as possible,” according to sources from the department headed by José Antonio Rovira, of the PP.
The department’s decision was made after a public complaint was made last Tuesday against the department for denying “single-parent families the extension of maternity leave” in its ruling last November. The entity accused the ministry of preventing several civil servants and interim teachers from single-parent families from enjoying the aforementioned extension, as is happening in other autonomous communities, by not issuing the necessary certificate to the National Institute of Social Security (INSS) for it to be grant permission.
Education explains to this newspaper that “the content of said ruling has not been transposed into the basic regulations applicable to public employees.” “Notwithstanding the above,” adds the department, “as long as the state legislator does not rule on the matter, and for the sake of the superior protection of minors in single-parent families, the Department of Education, Culture, Universities and Employment will collect the content of that ruling in the new Circular of the General Directorate of Teaching Personnel, which approves the manual/instructions for permits and licenses for non-university teaching staff in public centers dependent on the Ministry competent in matter of Education, adding the following paragraph “… must be interpreted in the sense of adding to the birth leave for the biological mother (sixteen weeks), the one provided for the parent other than the biological mother (ten weeks, by excluding the six first)”.
Mònica Jorrín, delegate of the Association of Single Mothers by Choice (AMSPE) in the Valencian Community, which brings together some 300 members (of more than 3,000 throughout Spain), is satisfied with the resolution: “We make a very positive assessment that the Ministry has realized that even the National Institute of Social Security, which was denying the permits, got its act together and prepared a document internal policy in which permission was already granted to mothers with babies up to one year old. It is positive, yes, but this is not going to stop here and we are going to continue fighting for our demands so that we are equal in rights to the rest of the families.” The association does not know if the extension of the aforementioned permit has been denied to the civil servants or interim officials of other ministries of the Generalitat, chaired by Carlos Mazón.
In its reasoning for its position, the Ministry of Education reviews the judicial path of the permit: “Sentence 140/2024, of November 6, 2024, of the Constitutional Court, published in the Official State Gazette number 294, of December 6 of 2024, established in its ruling to declare arts unconstitutional. 48.4 of Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers’ Statute Law and 177 of Royal Legislative Decree 8/2015, of October 30, which approves the consolidated text of the General Law of Social Security, with the scope indicated in the seventh legal basis, in the sense of adding to the permit of the first paragraph for the biological mother (sixteen weeks), the one provided in the second for a different parent (ten weeks, excluding the first six).”
And he adds that “said regulation is not directly applicable to public employees, including teaching staff, given that its basic rule is Royal Legislative Decree 5/2015, of October 30, which approves the consolidated text of the Law. of the Basic Statute of the Public Employee.” However, it finally concludes that “superior protection of the minor” is imposed.
