The extension of parental leave for single-parent families

Commentary on Constitutional Court Ruling 140/2024, of 6 November

Abstract

Judgment 140/2024 of the Constitutional Court addresses the question of unconstitutionality raised by the Social Chamber of the High Court of Justice of Catalonia, declaring articles 48.4 of the Workers' Statute and 177 of the General Social Security Law unconstitutional. This decision extends the entitlement to parental leave and care for children to 26 weeks for single-parent families, recognizing their right to the care time equivalent to that enjoyed by both parents in two-parent families. While the ruling establishes the foundation for the enjoyment of this right, it highlights the need for the legislature to assume its role and comprehensively regulate diverse family models, prioritizing the best interest of the child and the principle of equality, while addressing the inherent gender bias in matters related to caregiving.