Permissions according to the degree of kinship
Posted: Sun Dec 22, 2024 9:46 am
Whether you work for the public administration or for the private sector, you have a series of paid leaves for certain family reasons. A recurring question that often reaches law firms is when a family member gets married, is hospitalized or dies, whether they are entitled to leave. What determines whether or not you are entitled to such leave is the degree of consanguinity or affinity you have with that person, that is, the degree of kinship (whether it is a family link by blood or a link between two people who form a couple).
Thus, we have different degrees of kinship :
Degree of consanguinity
First grade: parents and children
Second grade: siblings, grandparents and grandchildren
Third degree: uncles, great-grandparents, great-grandchildren, nephews
Fourth grade: cousins
Degree of affinity
First degree: partner and in-laws. Stepfather, stepmother, stepchildren
Second degree: Brothers-in-law and grandparents of the spouse
Third degree: Uncles and nephews of the spouse
The Workers' Statute regulates in its art. 37.3.b the paid leave according to poland telegram the degree of consanguinity or affinity to which workers are entitled. Arts. 48 and 49 of the Basic Statute of the public employee regulate the same for public employees.
Thus, we have the following paid permits :
Death, hospitalization or surgery, or serious illness of the spouse or first-degree relatives by blood or affinity and siblings: that is, this includes parents, children, spouse, and parents-in-law.
For the wedding of first-degree blood relatives and brothers/sisters.
Accompanying first-degree relatives by blood or marriage to medical consultations or school tutoring
Hospital admissions of first-degree relatives by blood or marriage.
By marriage or common-law partnership
Stepchildren and stepfathers' leave
A recent ruling by the National Court in 2015 addressed this issue. A company refused to grant leave that was related to the spouse's children, i.e., their stepchildren. Both the Supreme Court and the Court understand that the paid leave we have indicated above is applicable in this type of relationship, since the literal definition given by the RAE on affinity is:
"The relationship that is established through marriage between each spouse and the relatives by blood of the other"
Thus, affinal relatives up to the second degree include the spouse's children (stepchildren) and the spouse of the father or mother (stepfather/stepmother). It should be noted that if the marriage bond is extinguished, it is also broken with respect to the family of each of them and therefore the degree of kinship by affinity disappears.
The case of brothers-in-law and sisters-in-law
There are certain degrees of kinship that create doubts. For example, the definition of brother-in-law does not fit the specific definition of affinity since it refers to the siblings of the spouses. There is no direct relationship.
However, various Supreme Court rulings have indicated that this is a bilateral relationship and it can be said that not only is the spouse's brother-in-law, but that the spouse of the brother is also a brother-in-law. Therefore, since there is a legal relationship of affinity between them, it is understood that the relationship between brothers-in-law is included in the concepts of permits provided for in article 37.3 of the Workers' Statute.
Thus, we have different degrees of kinship :
Degree of consanguinity
First grade: parents and children
Second grade: siblings, grandparents and grandchildren
Third degree: uncles, great-grandparents, great-grandchildren, nephews
Fourth grade: cousins
Degree of affinity
First degree: partner and in-laws. Stepfather, stepmother, stepchildren
Second degree: Brothers-in-law and grandparents of the spouse
Third degree: Uncles and nephews of the spouse
The Workers' Statute regulates in its art. 37.3.b the paid leave according to poland telegram the degree of consanguinity or affinity to which workers are entitled. Arts. 48 and 49 of the Basic Statute of the public employee regulate the same for public employees.
Thus, we have the following paid permits :
Death, hospitalization or surgery, or serious illness of the spouse or first-degree relatives by blood or affinity and siblings: that is, this includes parents, children, spouse, and parents-in-law.
For the wedding of first-degree blood relatives and brothers/sisters.
Accompanying first-degree relatives by blood or marriage to medical consultations or school tutoring
Hospital admissions of first-degree relatives by blood or marriage.
By marriage or common-law partnership
Stepchildren and stepfathers' leave
A recent ruling by the National Court in 2015 addressed this issue. A company refused to grant leave that was related to the spouse's children, i.e., their stepchildren. Both the Supreme Court and the Court understand that the paid leave we have indicated above is applicable in this type of relationship, since the literal definition given by the RAE on affinity is:
"The relationship that is established through marriage between each spouse and the relatives by blood of the other"
Thus, affinal relatives up to the second degree include the spouse's children (stepchildren) and the spouse of the father or mother (stepfather/stepmother). It should be noted that if the marriage bond is extinguished, it is also broken with respect to the family of each of them and therefore the degree of kinship by affinity disappears.
The case of brothers-in-law and sisters-in-law
There are certain degrees of kinship that create doubts. For example, the definition of brother-in-law does not fit the specific definition of affinity since it refers to the siblings of the spouses. There is no direct relationship.
However, various Supreme Court rulings have indicated that this is a bilateral relationship and it can be said that not only is the spouse's brother-in-law, but that the spouse of the brother is also a brother-in-law. Therefore, since there is a legal relationship of affinity between them, it is understood that the relationship between brothers-in-law is included in the concepts of permits provided for in article 37.3 of the Workers' Statute.