Unification of doctrine regarding the determination of the recognition of the right to risk benefit during breastfeeding: commentary STS no. 54/2019, of January 24, Social Chamber, Section 1ª

Abstract

Regarding the Supreme Court ruling no. 54/2019, of January 24, of the Social Chamber, the following pages seek to undertake a legal-critical analysis of the central issue raised in the present appeal on the determination of whether or not to recognize the right to a risk benefit during a worker's breastfeeding period, which in this case provides services as an ATS-DUE in the SAMU emergency service, on a 24-hour day of permanent availability or in person for 12 hours, every 6 days, carrying out tasks inherent to their position in healthcare activity in urgent and emergency situations, both at home and in public. Finally, and in line with the doctrine of the ECJ (TJUE), the inclusion of a specific examination that takes into account the individual situation of the worker to determine whether or not there is a risk to the health or safety of her or her child will be decisive in the assessment of the risks presented by the job of the person concerned.