The

Supreme Court

has established that in contests for the provision of jobs,

voluntary leave for the care of children and other family members must be equated with active duty leave

to prevent the professional career of people in such a situation from being negatively affected, With which he dismisses the appeal of the State Lawyers against a sentence of the Superior Court of Justice of the Valencian Community.

In a ruling, the high court establishes as a doctrine that the provisions of

article 57 of the organic law for the effective equality of women and men

have direct effect and impose an assessment of the administrative situation of voluntary leave of absence for the care of family members identical to the one that is awarded to active duty status.

The resolution recognizes the

right of a woman to be counted as active service for the months that she was on leave

to care for children in the list of merits of local administration officials with national authorization in 2015.

The Supreme Court dismisses the appeal filed by the State Lawyers against a judgment of the Superior Court of Justice (TSJ) of the Valencian Community, which annulled the administrative resolution by which the aforementioned list of general merits was published in the part referring to those of is a worker.

The TSJ understood that the time of permanence of the worker in the aforementioned leave of absence should be understood as assimilated to that of active service and deploy the appropriate effects in the assessment of the general merits in accordance with the aforementioned law, the basic statute of the public employee and the regulation of the Valencian civil service.

It is a conclusion that the Supreme Court shares in its ruling, whose rapporteur has been Magistrate Celsa Pico.

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