A recent ruling by the High Court of Justice reinforces the flexibility in the enjoyment of leave for birth and childcare and limits the restrictive criteria of the INSS, allowing changes to the dates initially granted when there is an agreement with the company and the legal requirements are met.
The leave for birth and childcare—formerly known as maternity and paternity leave—is once again at the center of legal debate following a new court ruling that clarifies how it is to be taken. The High Court of Justice of Aragon, in its judgment of December 22, 2025, has established that the National Social Security Institute (INSS) It cannot deny the modification of the dates for enjoying the leave once it has been granted.provided there is an agreement between the employee and the company.
The resolution represents a setback to the criteria maintained by the INSS, which had been rejecting this type of request, considering that the rest periods initially set could not be altered, except for specific causes.
The case analyzed by the court
In the case at hand, the employee had begun taking leave for the birth and care of a child and subsequently requested a change of dates to partially return to work and take the remainder of the leave part-time. The request was due to the company's organizational needs and had the employee's express consent.
Despite this, the INSS denied the request, arguing that the periods of entitlement to the subsidy could not be modified once granted. The worker appealed this decision to the courts.
The position of the Supreme Court: flexibility and conciliation
The High Court of Justice dismisses the appeal of the INSS and confirms that Current regulations do not establish any express prohibition against modifying the permit dates., beyond the mandatory enjoyment of the six weeks immediately following childbirth.
The ruling emphasizes that the legal framework for parental leave is designed to promote work-life balance and the principle of shared responsibility between parents, which implies a flexible and non-restrictive system. According to the court, this flexibility extends to both the distribution of the leave and the manner in which it is taken—full-time or part-time—provided that legal limits are respected.
Furthermore, the TSJ points out that partial reinstatement to work cannot be considered a cause for termination of the subsidy, since it is not among those provided for in the regulatory regulations and occurs with prior notification to the managing entity.
Established doctrine: also endorsed by other courts
This criterion aligns with previous rulings, such as that of the High Court of Justice of Catalonia (STSJ of July 26, 2023), which had already recognized the possibility of modifying the periods of enjoyment of the permit after its initial granting, provided that certain requirements are met.
Among them, the following stand out:
- That the enjoyment takes place within twelve months of birth.
- That there is an agreement between the company and the employee if part-time enjoyment is chosen.
- The change must be communicated with the legally required advance notice.
- That the INSS be informed and, where appropriate, that the benefits received be regularized.
What does this ruling imply?
This doctrine strengthens the legal certainty of workers and companies, by confirming that The leave for birth and childcare is not "blocked" by the initial application. and can adapt to new family or organizational circumstances.
For companies and workers, the ruling opens the door to a more flexible management of leave, aligned with the work-life balance and co-responsibility objectives that inspire current labor regulations.
From a practical perspective, it is advisable to remember that any modification must be properly documented, have an express agreement between the parties and be communicated to both the company and the INSS to avoid subsequent incidents.
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