The Supreme Court rejects paid leave for accompanying non-dependent family members to medical appointments

MADRID, 22 Abr.

The Supreme Court rejects paid leave for accompanying non-dependent family members to medical appointments

MADRID, 22 Abr. (EUROPA PRESS) -

The Supreme Court has issued a ruling in which it opposes workers being able to enjoy paid leave for accompanying family members who are not their dependents to the doctor, so such leave is only applicable when children, parents and dependents are in charge of the worker.

The ruling of the High Court is based on a collective dispute lawsuit filed by CCOO before the National Court, which was later joined by the unions UGT, CSIF, USO and ELA, against the company Servinform, whose application agreement is that of 'contact center'.

In this lawsuit, the union claimed the right of the workers of this company to enjoy paid leave to accompany the doctor to the father or mother, without it being necessary for them to be the worker's dependents or dependents.

The National Court rejected the union claim alleging that the contact center agreement establishes a bag of 35 paid annual hours to attend Social Security medical consultations, extending in the company's equality plan to the fact that said bag of hours can be used to accompany children, parents and dependents in the worker's care to medical appointments.

This ruling of the Court also determined that the union's claim would "abusively" expand, due to lack of reasonable cause, the use of this leave that is paid at the expense of the employer.

The Supreme Court understands that the ruling of the National Court is "sufficiently motivated" and that the appellant unions are wanting to extend a right contemplated in the collective agreement "to other cases not provided for" in it, such as paid leave being applicable. when the medical support is not for dependent family members of the worker.

For all these reasons, the High Court confirms the appealed sentence and rejects the appeals filed by the union.

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