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“This judgment will set a precedent for the future” | chronicle



Gabriel Arias

“I’m sure that this court decision will set a precedent for the future, and I’m very happy to be able to share the first three months of my life with my partner and child.” Phrase belongs Malena Díaz ReckA non-pregnant woman who will have a child in mid-January and after the legal idea that the justice of Buenos Aires prescribes the provincial government to provide 90-day paid maternity leave, since in principle they offered a three-day license.

The starring role is Malena, who has worked for the Agency for the Collection of Payments in the Province of Buenos Aires (ARBA) for several years, and after several infertility treatment procedures with your partner, Natalia Paganoboth received good news that they would be mothers in January (16 numbers have a date to get Bruno).

However, the happiness was not completely complete, because when they began the procedure for obtaining their licenses, Malene was told that since she was not a pregnant mother, they could not give her 90 days of vacation, which are regulated by law. Article 43 of the statute of a public servant (Law 10.430) provides that “Licenses for maternity, paternity, feeding and child care, issuing a 90-day license for female staff and 3 days for a man”, although there is no separate index that speaks of a non-pregnant mother.

As soon as this news became known, and while the pregnancy was proceeding normally, in August last year, Malena introduced herself to her employer because of a question about her license, since she did not have a specific answer, she went to court to submit her case. and after several months of waiting, the same one was sentenced in his favor, and now the state of Buenos Aires must grant 90 days of leave for which both women fought.

"I found out at noon yesterday, when I was at work, I started crying, I was excited, and only now I understand how important the refusal was, because I can be present for three months with my daughter", said malena excited in talking to chronicle,

"I think that in order to achieve this, he made a big campaign that we conducted with various public and political organizations, and the debate that we conducted not only because of my case, but also to fight for the continuation of paternity, what we hope. reach in the future ", he added.

Having consulted about what would have happened if the failure was unfavorable, the expectant mother, a native of the city of La Plata, argued that “We were going to appeal and continue the fight with the Pan y Rosas Association in order to reach the end, and do it the way it was done.” This decision is connected with the struggle that he led with hundreds of signatures in the petition for the great support of many people and organizations, I am very happy, and now I can enjoy the child. "


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