The Contentious-Administrative Chamber of the Court of Instance of Jaén has issued a historic ruling against the work-life balance policies of the Andalusian Health Service (SAS). The decision, driven by a lawsuit from the CSIF Jaén Legal Department, mandates the SAS to reimburse salary deductions made to a healthcare professional, by annulling the administrative resolution that denied payment for parental leave based on an internal manual.

The judicial resolution, dated May 20, upholds the worker's appeal, recognizing the right for the leave taken between August 12 and September 8, 2024, to be registered as parental leave. The SAS had deducted the corresponding amount from the employee's salary, claiming that the institution's 'Manual of vacations, permits, and licenses' classified this right as unpaid.

The judge bases the ruling on the principle of normative hierarchy, warning that an internal document, protocol, or instruction from the Andalusian administration cannot contradict or restrict provisions set forth by state or EU law.

The sentence highlights that, although the Basic Statute of Public Employees (TREBEP) did not explicitly state the paid nature of the leave at the time, 'interpretation in conformity with European Union law requires recognizing the right to corresponding remuneration for the leave to be effective and not merely formal,' according to the ruling, referencing EU Directive 2019/1158.