On November 6, the Constitutional Court announced the ruling in which it examined a question of unconstitutionality raised by the Social Chamber of the Superior Court of Justice of Catalonia and declared the arts unconstitutional. 48.4 of the Workers’ Statute – ET – and 177 of the General Social Security Law – LGSS -, recalling that it is up to the legislator, using his freedom of normative configuration and in the light of his specific democratic legitimacy, to bring extract the relevant modifications from this judgment. But it also determines that, as long as the legislator does not rule on the matter, in single-parent families, the authorization provided for in arts. 48.4 ET and 177 LGSS must be interpreted in the sense of adding to the leave of the biological mother (16 weeks), that provided for a different parent (10 weeks, excluding the first 6, which must necessarily be enjoyed without interruption and immediately after birth). And he also adds that, due to the requirements of the constitutional principle of legal certainty, situations already definitively decided, judicially or administratively, cannot be revised on the basis of said decision.
This decision has the simultaneous dissenting vote of two members of the TC who consider that only the legislator can determine, where appropriate, the extension of these permits to single-parent families, recalling that legislative initiatives in this regard are already underway.
