The Social Chamber of the TSJC, based in Las Palmas de Gran Canaria, overturned a previous ruling and found in favor of the employee, arguing that the company's refusal was discriminatory and harmful not only to the mother but also to the child. This ruling, documented in appeal 156/2026, marks a milestone by recognizing compensation specifically for the baby affected by the company's decision for the first time.
The conflict began when the employee requested three days of paid leave to care for her 15-month-old son, submitting a report from the Canary Islands Health Service confirming the need for care. The company rejected the request, deeming the medical report insufficient as it did not detail the diagnosis, severity of the illness, or explain why the mother's care was essential. Consequently, the company deducted these days from the employee's salary.
The TSJC deemed the company's demand disproportionate, classifying it as contrary to labor regulations and personal data protection laws. The judges applied the "child's perspective," recognizing that denying the right to maternal care directly impacts the baby's well-being. Therefore, the minor was granted standing in the judicial proceedings, and specific compensation was awarded to him, in addition to that for the mother due to the violation of fundamental rights.
The ruling establishes that the severity of an ailment should be assessed based on the child's age, and that companies cannot demand to know the medical diagnosis, as the child's health status is a specially protected data. Generic medical certificates indicating the need for care are considered sufficient. Furthermore, the court recalled that denying such leave can constitute gender-based discrimination, given that caregiving tasks predominantly fall on women.
This judgment serves as a warning to companies with restrictive policies on granting paid leave for sick children and limits their ability to demand detailed medical reports, reinforcing the protection of family privacy and the right to work-life balance. The compensation amounts to 1,500 euros for the employee and 1,500 euros for the baby, in addition to the refund of the 84.12 euros deducted from the salary.
