Solo Parent
WHAT IS THE SOLO PARENT’S WELFARE ACT?
REPUBLIC ACT NO. 11861 AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs.
WHO ARE CONSIDERED AS SOLO PARENT?
Solo Parent is any individual who falls under any of the following categories:
a. A parent who provides solo parental care and support of the child or children due to:
(1) Birth of a child or children as a consequence of rape, even without a final conviction of the offender; Provided, That the mother has the sole parental custody, care and is the sole support of the child or children: Provided, further, that the mother under this category may still be considered a solo parent under any of the categories in this section.
(2) Death of his/her spouse;
(3) Detention of his/her spouse for at least three (3) months or service of sentence for a criminal conviction;
(4) Physical or mental incapacity of his/her spouse as certified by a public or private medical practitioner: Provided. That the physical or mental incapacity of the spouse prevents him/her from performing his/her parental duty;
(5) Legal separation or de facto separation from his/her spouse for at least six (6) months and the solo parent is entrusted with the solo parental care and support of the child or children;
(6) Declaration of nullity or annulment of marriage as decreed by a court recognized by law, or due to divorce, subject to existing laws, and the solo parent is entrusted with the solo parent is entrusted with solo parental care and support of the child or children; or
(7) Abandonment by the spouse for at least six (6) months;
b. An unmarried mother or father who keeps and rears his/her child or children;
c. Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children;
d. Any relative within the fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian whose death, or disappearance, absence or abandonment of the child or children, for at least six (6) months, led to the said relative assuming solo parental care and support of the child or children: Provided, That in case of solo grandparents who are senior citizens and who have the sole parental care and support over their grandchild or grandchildren who are unmarried, or unemployed, and twenty-two (22) years old or below, or those twenty-two (22) or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition, Provided, further, That the child or children entitled to be supported beyond the age of majority shall be limited to those who are in school or in training for some profession, trade or vocation, consistent with and as provided in Article 194 of Executive Order No. 209 (E.O. No. 209), or The Family Code of the Philippines; The solo grandparents shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9994 (R.A. No. 9994) or the "Expanded Senior Citizens Act of 2003"; or
e. A pregnant woman who provides sole parental care and support for her unborn child or children.
WHAT ARE THE CONDITIONS FOR THE TERMINATION OF THE PRIVILEGES OF A SOLO PARENT?
A change in the status or circumstances of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for benefits such as change in the status with marriage, the concerned parent is no longer left alone with the responsibility of parenthood, etc.
WHAT ARE THE CRITERIA FOR SUPPORT?
Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance. A Solo Parent can directly inquire from the following agencies to avail of their services:
2. Educational Services (CHED, TESDA)
4. Parental Leave (Employer, DOLE, CSC) Solo parent whose income is above the poverty threshold shall enjoy only such limited benefits as flexible work schedule, parental leave and others to be determined by the DSWD.
WHAT ARE THE REQUIREMENTS IN SECURING A SOLO PARENT ID?
1. Barangay certificate residency in the area;
2. Documents/Evidence that the applicant is a solo parent (e.g. death certificate of spouse, declaration of nullity of marriage, medical certificate – if incapacitated); and
3. Income Tax Return (ITR) or certification from the barangay/municipal treasurer.
WHAT DOCUMENT/PROOF WILL A SOLO PARENT PRESENT IF HE/SHE HAS CHILD OR IS DE FACTO SEPARATED FROM HUSBAND/WIFE?
A Certificate issued by the Barangay Captain indicating the circumstances on one’s being a solo parent.
CAN A SOLO PARENT APPLY FOR LEAVE FOR ANY CHILD?
Yes, as long as the child is living with him/her, dependent for support, unmarried, unemployed and below eighteen (18) years old, or eighteen (18) years old and above but is incapable of self-support and/or with physical/mental defect/disability.
WHAT ARE THE CONDITIONS FOR GRANTING SOLO PARENT LEAVE?
In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee working in the private or public sector, who has rendered service of at least six (6) months, regardless of employment status: Provided, that a valid SPIC is the only requirement to avail of parental leave by qualified solo parents.
The parental leave of seven (7) days shall be granted to any Solo Parent employee subject to the following conditions:
1. The solo parent must have rendered government service for a least six (6) months, whether continuous or broken, reckoned at the time of the effectivity of the law on September 22, 2002, regardless of the employment status.
2. The parental leave shall be availed of every year based on the validity of the Solo Parent ID and shall not be convertible to cash. If not availed within the calendar year, said privilege shall be forfeited within the same year. Example: The Solo Parent ID expires on March 31, 2023 and employee submits the Solo Parent ID on Jan 2023. The employee will be entitled to .58 per month commencing of the date of submission and shall expire on March 31, 2023.
3. The parental leave shall be availed of on a continuous or staggered basis and should notify his/her employer the immediate superior within a reasonable time
4. The solo parent employee may avail of parental leave under any of the following circumstances:
a. Attend to personal milestones of a child such as birthday, communion, graduation and other similar events;
b. Perform parental obligations such as enrollment and attendance in school programs, PTA meetings and the like;
c. Attend to medical social, spiritual and recreational needs of the child;
d. Other similar circumstances necessary in the performance of parental duties and responsibilities, where physical presence of the parent is required.
5. The head of agency/office concerned may determine whether granting of parental leave is proper or may conduct the necessary investigation to ascertain if grounds for termination and withdrawal of the privilege exist.
CAN A SOLO PARENT AVAIL OF THE MATERNITY LEAVE?
There is no provision in the law that there is a maternity leave for Solo Parents, however, other laws can be applied.
IS SOLO PARENT LEAVE CONVERTED TO CASH IF UNUSED?
No. Solo Parent Leave cannot be converted to cash if unused.
CAN I REQUEST SOLO PARENT LEAVE WHILE MY SOLO PARENT ID IS IN PROCESS?
No. Granting of Solo Parent Leave is dependent of the validity of the Solo Parent ID.
IS SOLO PARENT LEAVE CUMULATIVE?
No. Unused leave cannot be added to the subsequent year.
1. Republic Act No. 8972 - “An Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds Thereof and For Other Purposes.” November 2000