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Paternity Leave Law

The Paternity Leave Law provides 7 days of paid leave to married male employees whose wife has just given birth or suffered a miscarriage. To qualify, the employee must be cohabiting with his legal wife, unless under justifying circumstances. The purpose is to enable the employee to support his wife's recovery and care for the newborn child. All married male employees, both private and public sector, are covered. The benefit applies to the first four deliveries and is non-convertible to cash. Under recent amendments, a married employee can now receive up to 14 days of paid leave if the wife allocates 7 days from her expanded maternity leave benefits.

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Vikki Amorio
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329 views2 pages

Paternity Leave Law

The Paternity Leave Law provides 7 days of paid leave to married male employees whose wife has just given birth or suffered a miscarriage. To qualify, the employee must be cohabiting with his legal wife, unless under justifying circumstances. The purpose is to enable the employee to support his wife's recovery and care for the newborn child. All married male employees, both private and public sector, are covered. The benefit applies to the first four deliveries and is non-convertible to cash. Under recent amendments, a married employee can now receive up to 14 days of paid leave if the wife allocates 7 days from her expanded maternity leave benefits.

Uploaded by

Vikki Amorio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PATERNITY LEAVE LAW (R.A. 8187) 2.

He is cohabiting with his spouse at the time that she


gives birth or suffers a miscarriage;
“The Paternity Leave Act of 1996”
3. He has applied for paternity leave with his employer
The law is intended for married male employees whose within a reasonable period of time from the expected
legal wife underwent delivery or miscarriage. The date of delivery by his pregnant spouse, or within such
employee must be cohabiting with his legal wife unless period as may be provided by company rules and
there is a justifying circumstance. This law applies to all regulations, or by collective bargaining agreement; and
qualified male employees REGARDLESS of employment
4. His wife has given birth or suffered a
status (e.g. regular, probationary, casual, project,
seasonal, fixed-term). miscarriage. APPLICATION FOR PATERNITY LEAVE

PURPOSE: “for purposes of enabling him to effectively The married male employee shall apply for paternity
lend support to his wife in her period of recovery and/or leave with his employer within a reasonable period of
in the nursing of the newly-born child” (Sec. 3, R.A. time from the expected date of delivery by his pregnant
8187). spouse, or within such period as may be provided by
company rules and regulations, or by collective
COVERAGE: All married male employees whether in the
bargaining agreement. In case of a miscarriage, prior
private or public sector.
application for paternity leave shall not be required.
BENEFITS
NATURE OF BENEFIT
The benefit consists of seven (7) days of leave credits
Non-convertible to cash
with full pay.
The benefit is not convertible to cash as the objective is
The Department of Labor and Employment (DOLE),
for the male employee to attend to his wife after her
through issuances, has interpreted the benefit as seven
delivery or miscarriage.
(7) CALENDAR days, and not working days.
Non-cumulative
The benefit applies to the first four (4) deliveries of the
male employee’s legal wife, with whom he is cohabiting. The benefit is not cumulative, i.e. unused benefit cannot
be added to the next delivery or miscarriage.
The term “cohabiting” refers to the obligation of the
husband and wife to live together unless there is a ADJUSTMENT MADE BY THE EXPANDED MATERNITY
justifying circumstance for them living separately. This LEAVE LAW OF 2019 (R.A. 11210) VIS-À-VIS PATERNITY
may include situations wherein either one of them may LEAVE LAW
be required to live elsewhere due to work (e.g.
As to the Paternity Leave Law, the married male
deployment, overseas work, etc.), as well as due to
medical reasons such as when either one of them has to employee may now have a total of 14 days leave with
pay should the wife opts to allocate a maximum of 7
be admitted to a hospital for his/her protection from
diseases or be quarantined to avoid the spread of a days in favor of her partner or husband (who is the
biological father of the child) as part of her benefits
communicable disease.
under the Expanded Maternity Leave Law.
REQUIREMENTS/CONDITIONS
*7 days (from Paternity Leave Law) + 7 days (allowed
A married male employee shall be entitled to paternity allocation from the Expanded Maternity Leave Law) =
leave benefit provided that he has met the following 14 days total paid leave

conditions: As to an unmarried male employee who has a female


1. He is an employee at the time of the delivery of his partner who just gave birth to his child and qualified to
child; avail of the benefits under the Expanded Maternity
Leave Law, he will be only allowed to have a total of
seven (7) days paid leave, not 14 days, since he is not
covered by the Paternity Leave Law considering that he
is unmarried.

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