Spain incurs a ten-million-euro penalty for failing to reimburse eight weeks of EU-approved parental leave.
New Spin on a Steady Issue:
3-minute read. It's been a long haul for Spain, coughing up 10 million euros in penalties for skimping on eight weeks of paid parental leave. This benefit, recognized by the courts and etched in the European Union (EU) Directive (UE) 2019/1158, governs paid parental leave. The government should've laced this regulation into national law nearly a year ago. Here's the scoop: the regulation establishes a whopping four months' leave for parents to care for their spawn before they turn eight.
Omar Molina, head honcho of the Labor Division at Augusta Abogados, drops that, "within those four months of leave, eight weeks must be paid." That, my friends, is the crux of the matter. Spain isn't doling out the moolah, flouting the Brussels deadline, as declared by the courts.
Francisco Lama, national supervisor of trade union action at CSIF (Independent Trade Union and Civil Servants' Central), elucidates that "the deadline is August 2, 2024, to implement this regulation in our legal system," but "the reality is that it's still not well regulated."
Parental Leave's Price Tag: 10,000 euros a Day
The Legal Battlefield
As a result, salaried Joes claiming this compensation right are already treading the courtly grounds, notably Susana López, an anesthesiologist at Cuenca's Virgen de la Luz Hospital: "We scored a win recognizing the right to enjoy that leave and setting an indemnity."
This game-changing win was the first ruling in Spain acknowledging paid leave, but it's not been the only one. Compensation for damages and non-compliance has been rolling in. Molina hints that “in some rulings, they’ve penalized the public administration with a 30,000 euro indemnity.”
Lama opines that "the rights of families to care for their minor children are being violated, and Spain is drowning in million-euro fines.” The Ministry of Labor and Social Economy has already estimated the fine for non-compliance to hover around the 10 million euro mark.
The Justice System Orders the Barcelona City Council to Pony up Eight Weeks of Parental Leave to an Employee
Governments at Odds
This kerfuffle stirred a spat between government allies. The Second Deputy Prime Minister and Minister of Labor, Yolanda Díaz, publicly admonished the PSOE during an interview with RNE for "trying to dodge" the European directive. "We're appealing from Sumar that this directive be complied with, and the PSOE part doesn't want to implement it.” A right that's "vital," by Díaz's measure, as non-compliance in Europe could cost around 10,000 euros daily. By August 1, it will have been a year since the Government parties agreed to comply with this directive.
"It's unconscionable in a democracy," Díaz fumed. Hence, the Minister of Labor has kept the heat on the socialist side of the government to prioritize this item on the social agenda, in a country where, according to her, "there's been no family policy throughout the entire democracy."
The Spanish government, despite being fined 10 million euros for lacking adequate paid parental leave policies, has yet to comply with the EU Directive (UE) 2019/1158, with Omar Molina pointing out that "within those four months of leave, eight weeks must be paid." Additionally, the justice system has ordered the Barcelona City Council to provide eight weeks of parental leave to an employee, highlighting the ongoing legal battles surrounding this issue.
The lack of action on this matter has led to a disagreement among government allies, with Yolanda Díaz, the Second Deputy Prime Minister and Minister of Labor, criticizing the PSOE for not implementing the European directive. She emphasized that non-compliance could lead to penalties of around 10,000 euros per day and called for prioritizing family policy in a country where, according to her, such policy has been missing throughout the entire democracy.
