Maternity and Paternity Leave in the Case of Single-parent Families. Problems and Proposals

Abstract

The Spanish regulatory framework on Work-Life balance and co-responsibility has evolved slowly but continuously in recent decades, constantly hand in hand with European social law. The advances have been notable, although there are still certain areas in which the legislator is reluctant to enter. One of them is that of single-parent families. The data shows that it is a family model that is on the rise and that both the parents in charge and the boys and girls who make it up need protection. In terms of conciliation and co-responsibility, specifically, studies show that a specific adjustment is necessary so that this fundamental right can be exercised and protected within the framework of all types of families, including those where there is only one parent, and this is impossible to share parenting in a co-responsible way. The classic schemes and mechanisms of reconciliation policies must be rethought, modulating alternatives that consider novel issues such as the “best interests of the child” or “parenting in a network”. In order to operate this change of perspective, a study of the existing regulations is proposed considering the most advanced jurisprudential debate related to the accumulation of birth permits in the assumption of single-parent families.