The law that allows you to care for children with covid even if you do not have a work permit

The CSIF and STEPV unions have agreed to point out this week that the Law on the Legal Protection of Minors (Organic Law 1/1996, of January 15) allows working parents to take care of their confined sons and daughters, Even if they don't have a permit. ad hoc Well, two years after the start of the pandemic, neither in the state nor in the regional framework has a decision been adopted in this regard.

Specifically, both unions refer to the "inexcusable duty" of care that all families have for their sons and daughters, according to the law. This is an argument that a judge in La Rioja has already used where, after a CSIF complaint, he has recently recognized that right to an official who had been denied it by the administration in which he worked.

To continue along the lines of this judicial ruling -which is exemplary-, the union has launched a campaign in which, through letters to the town councils, asks the consistories to “issue urgent instructions, of an exceptional nature given this situation, that include the automatic granting of this permit for those cases and professional categories of Local Administration that cannot take advantage of teleworking”, so that they can stay at home to care for their dependent minor children confined.

CSIF considers that "the assumption of care of the minor due to preventive isolation is assimilable to non-recoverable paid leave which corresponds to the fulfillment of an inexcusable duty of a public and personal nature”.

In this regard, he emphasizes that “The inexcusable duty includes all those that are linked to family and work life. The duties derived from paternity and filiation constitute a sufficient reason for the granting of this permit as long as it is limited to the necessary time and is documented by the staff”, they point out.

Permits also for teachers

For its part, STEPV has urged educational centers to grant permits to teachers who have to care for their sons and daughters due to covid. He assures that, given the lack of solutions and the explosion of cases, teachers are forced to resort to days not designed for these situations, such as the 4 days that teachers have per year to justify that they do not go to work due to indispositions, but without sick leave. A few days that are insufficient because the quarantines are longer, they point out.

Thus, STEPV agrees that, above all, there is attention to the minor, as established by the Organic Law 1/1996, of January 15, on the Legal Protection of Minors, which in its article 2 makes explicit: that “every minor has the right to have their best interests valued and considered paramount in all actions and decisions that concern them, both in the public and private spheres. In the application of this law and other regulations that affect it, as well as the measures concerning minors adopted by institutions, public or private, the Courts, or the legislative bodies, the best interest of the same will prevail over any other legitimate interest. that I could attend."

Therefore, this union also interprets that, if no alternative means are available, the worker has every right to avail himself of the permit to carry out that "inexcusable duty" which, at the regional level, is regulated in the decree Decree 7/2008, of January 25, of the Consell, which regulates the permits and licenses of non-university teaching staff, (Article 15, for obligations that generate a civil, social or administrative responsibility), still in force, to serve you while the confinement situation lasts. Otherwise, the family is failing to comply with the duty to ensure the care of the minor.

These reactions, together with that of Minister Vicent Marzà, who has asked the Government to create paid leave to care for children covid, they arrive after the Confederation of Ampa Gonzalo Anaya ask for a "rescue" for the families, after two years, and measures to reconcile.

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