The Constitutional Court ruled in favor of an appeal filed as a result of an employer’s refusal to grant a ‘leave with pay permit’ to a mother so she could provide her child the required care. The employer refused the permit despite the medical advice that called for the requested care.
The judges ordered the employer to grant the mother an immediate leave with pay for up to two months to care for her child; this, after they first verified that the case met the three conditions an employer requires before granting the permit; these are that:
- The child’s health is at stake;
- A valid and a confirmed medical certificate exists that states it is essential for the child’s well-being that either the mother or the father personally take care of it;
- The parent applied for the ‘leave with pay permit’ within a reasonable time.
The permit request must be evaluated on a case-by-case basis; the filing must be submitted along with a medical certificate that states that the employee needs to take care of the child within a predetermined term; the physician establishes the permit’s term.
Already, in just two weeks, 22 parents have asked their employer for a ‘leave with pay permit’ to look after their seriously ill child.