Post by account_disabled on Feb 20, 2024 2:24:51 GMT -5
The Permanent Commission of the General Council of the Judiciary has agreed today by majority to grant a magistrate the new 15-day permit as a result of the registration in the registry as a de facto couple contemplated in Royal Decree-Law 5/2023, which establishes various measures to reconcile the family life and professional life of parents and caregivers and which came into force on June 30.
Although the registration took place a few days before that date , the Permanent Commission has decided to grant the permit based on the report issued by the Equality Commission - which considered that in this case the legal requirements and conditions to authorize it are met - and making an interpretation favorable of the Royal Decree-Law that equates for these purposes the establishment of a stable couple with the generation of the marriage bond, given the proximity of the dates between the registration in the registry - which occurred on June 5 - and the entry into force of the rule.
The Permanent Commission has also agreed Fax Lists to propose to the Plenary Session of the governing body of the judges, as a consequence of the entry into force of the same norm, the adaptation of the regulation of other permits for the Judicial Career, so that they will be granted, as As established by the Royal Decree , a permit of five working days for a serious accident or illness , hospitalization or surgical intervention without hospitalization that requires home rest for the spouse, de facto partner or relatives up to the first degree by consanguinity or affinity, as well as any another person other than the above who lives with the member of the Judicial Service at the same address and who requires effective care of the former.
In the case of a serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest, of a relative within the second degree of consanguinity or affinity, the permit will be four days .
Members of the Judicial Service will also be granted parental leave to care for a son, daughter or foster minor for a period of more than one year, until the minor turns eight years old . The permit, which constitutes an individual right of the parents, adopters or foster parents, men or women, without its exercise being transferable, will be enjoyed under the following terms.
The power to grant it corresponds to the president of the corresponding Superior Court of Justice, the National Court or the Supreme Court. It will have a duration of no more than eight weeks, continuous or discontinuous, and may be enjoyed full-time, or on a part-time basis , when the needs of the service allow it and in accordance with the terms established by regulation.
In the event that both parents, adopters, or foster parents are present, for the same subject and causative event, the circumstances necessary to have the right to this leave in which the enjoyment of parental leave in the requested period seriously alters the correct functioning of the judicial district or collegiate jurisdictional body in which both provide services, it will be up to the president of the corresponding Superior Court of Justice, the National Court or the Supreme Court to agree on what is appropriate regarding the possible postponement of the granting of the permit for a period reasonable.
Although the registration took place a few days before that date , the Permanent Commission has decided to grant the permit based on the report issued by the Equality Commission - which considered that in this case the legal requirements and conditions to authorize it are met - and making an interpretation favorable of the Royal Decree-Law that equates for these purposes the establishment of a stable couple with the generation of the marriage bond, given the proximity of the dates between the registration in the registry - which occurred on June 5 - and the entry into force of the rule.
The Permanent Commission has also agreed Fax Lists to propose to the Plenary Session of the governing body of the judges, as a consequence of the entry into force of the same norm, the adaptation of the regulation of other permits for the Judicial Career, so that they will be granted, as As established by the Royal Decree , a permit of five working days for a serious accident or illness , hospitalization or surgical intervention without hospitalization that requires home rest for the spouse, de facto partner or relatives up to the first degree by consanguinity or affinity, as well as any another person other than the above who lives with the member of the Judicial Service at the same address and who requires effective care of the former.
In the case of a serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest, of a relative within the second degree of consanguinity or affinity, the permit will be four days .
Members of the Judicial Service will also be granted parental leave to care for a son, daughter or foster minor for a period of more than one year, until the minor turns eight years old . The permit, which constitutes an individual right of the parents, adopters or foster parents, men or women, without its exercise being transferable, will be enjoyed under the following terms.
The power to grant it corresponds to the president of the corresponding Superior Court of Justice, the National Court or the Supreme Court. It will have a duration of no more than eight weeks, continuous or discontinuous, and may be enjoyed full-time, or on a part-time basis , when the needs of the service allow it and in accordance with the terms established by regulation.
In the event that both parents, adopters, or foster parents are present, for the same subject and causative event, the circumstances necessary to have the right to this leave in which the enjoyment of parental leave in the requested period seriously alters the correct functioning of the judicial district or collegiate jurisdictional body in which both provide services, it will be up to the president of the corresponding Superior Court of Justice, the National Court or the Supreme Court to agree on what is appropriate regarding the possible postponement of the granting of the permit for a period reasonable.