Wednesday , August 4 2021

"This legal decision will be a precedent for the future" Chronicle



By Gabriel Arias

"I am sure that this judicial decision will be a precedent for the future, and I am very happy to be able to share the first three months of my life with my partner and the baby." The expression belongs Melana Diaz, A non-pregnant woman that will be a child in mid-January, and a legal presentation that justice in Buenos Aires dictates that the provincial government must give a 90-day leave for childbirth with wages that in principle are offered three days license.

The story is starring Malena who works in the collection agency of Buenos Aires province (ARBA) for several years, and a number of infertility treatments with your partner, Natalia Pagano, Both received the good news that they will be mothers in January (16 have a date to receive Bruno).

However, happiness was not completely complete because when they began the procedures to get the licenses, Melana was told that since she was not pregnant, they could not give her the 90 days leave because they are subject to the law. Section 43 of the Public Works Law (Law 10.430) states that "Licenses for Maternity, Paternity and Eating and Child Care, to grant a 90-day license for staff and three days for a man, Although there is no separate index that talks about the mother who is not pregnant.

After the news was known, and while the pregnancy was going on normally, Melana introduced herself last August to her employer because she did not have a specific answer. She went to court to present her case and after several months of waiting he was sentenced in his favor and now the state of Buenos Aires must Give the 90 days leave that the two women fought to achieve.

"I found out yesterday afternoon when I was at work, I started to cry, I was excited and just now I realize how much the failure was important because I will be present for three months with my daughter" Melana said excitedly chronicle.

"I think that in order to achieve this, he has done the great campaign we have waged with various social and political organizations, and the arguments we have made not only because of my case, but also to fight for the extension of fatherhood, something we hope to achieve in the future, He added.

Consult what would have happened if the failure was negative, the mother-to-be, born in the city of La Plata, claimed that "We are going to appeal and continue to fight with the Pan-y Rosas Association to get to the end, and get it done as done." This judgment related to the struggle is hundreds of signatures in petition for the great support of many people and organizations, I am very happy and now I will be able to enjoy the baby. "


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