The benefit for birth and child care in single-parent families

Abstract

The purpose of this article is to analyze the issue relating to the enjoyment of the birth and child care benefit in single-parent families from the point of view of the suspension of the employment contract as an individual right of the parents versus the interest of the child. To thoroughly analyze the issue, an introduction of the legal recognition of the benefit has been carried out following Directive (EU) 2019/1158 of June 20, relating to the reconciliation of family life and the professional life of parents. and caregivers, and its adaptation to the Spanish legal system to then analyze the various responses offered by the Spanish Courts, the resolution of the Supreme Court and, finally, the inadmissibility of the issue by the Court of Justice of the European Union However, the issue remains open pending the ruling of the Spanish Constitutional Court.