El alcance de la protección laboral por motivos de nacimiento y cuidado de menor en los casos de familias monoparentalesComentario a la STS de 2 de marzo de 2023

Abstract

This paper analyzes STS 169/2023, of March 2, which addresses the interpretative scope that can be made of the new labor and social security regulation by reason of birth and child care introduced by the RD-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation when we are faced with single-parent families. More specifically, in said ruling the question is resolved as to whether, in the case of a single-parent family, it is possible that, once the corresponding suspension of the contract and benefit for birth and care of a minor has been enjoyed, the same beneficiary can request the recognition of a new suspension and benefit for the same reasons for the time that would correspond to the other parent, in case of being a two-parent family.