Paternity leave is granted to male employees who need time off from work to attend to his newborn and wife. This is seldom discussed (in my opinion) in the workplace and very few information is made available about it.
Today, I am dedicating an entire blog article to paternity leaves in the Philippines and how this can be availed by fathers who are employed both by government agencies and private corporations.
What is a Paternity Leave?
Paternity leave is a 7-day paid leave granted to a male employee when his (legal) wife gives birth. It is implemented based on the Paternity Leave Act of 1996 or RA 8187.
The salient points of the Paternity Leave Act are:
- The male employee must be married to the woman who gave birth. (Needless to say, but will say it just the same, if the father of the child is not married to the mother, he cannot be granted a paternity leave.)
- The paternity leave may be granted up to four children or pregnancies.
- The paternity leave pay is shouldered by the employer — not by the SSS.
- It is applicable whether the male employee’s wife gave birth through normal or Cesarean delivery.
- It can also be used in case of miscarriage, emergency pregnancy termination, and adoption of children below 7 years old.
- The leave is not convertible to cash.
- The leave is not cumulative.
Other Types of Leaves Related to the Paternity Leave
Under the Expanded Maternity Leave Law, a woman who was granted maternity leave may 7 days of that to her husband or the father of her child. Remember, marriage is not required for a woman to be granted a maternity leave. Therefore, she can share or transfer 7 days of her maternity leave to the father of her child, regardless if they are married or not.
Under the Solo Parents’ Welfare Act, a solo parent may be granted the 7-day parental leave to attend to his children’s needs, parental obligations, or school programs and health emergencies. A father who chooses to raise his children on his own after the mother of his children dies, separates from him, is imprisoned, or abandons them, is considered a Solo Parent and is therefore entitled to the 7-dau parental leave.
How to determine a father’s eligibility for Paternity Leave (under any of the three types of leaves)
- Paternity Leave Under RA 8187
- Applicable to male employees regardless of their employment status (regular, probationary, casual, fixed term or contractual).
- The father must be employed at the time of the child’s birth.
- The father must be married to the mother of the child. He may be required to submit a copy of their PSA marriage certificate.
- The father must have filed the application for paternity leave within period prescribed by the company. This can be waived in case of emergency.
- Paternity Leave Under RA 1121
- This is applicable only for live childbirth.
- The father (male employee) must be employed at the time of his wife’s childbirth.
- This can be done even if the couple are not married.
- Parental Leave Under RA 8972
- The solo parent (father) must have been employed for at least one year.
- This can be availed regardless of the employment status of the father.
- Must have been issued a Solo Parent ID by the LGU
- The application must be submitted to the company one week before the date of leave except under emergency cases.
Consult your Human Resource personnel for the requirements and processes involved when applying for a Paternity Leave.