Paternity Leave
WHAT IS THE PATERNITY LEAVE ACT or REPUBLIC ACT 8187?
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES.
Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefore, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.
WHAT ARE THE CONDITIONS FOR GRANTING PATERNITY LEAVE?
You must be employed, regardless of employment status. So, it's acceptable if you're a regular, probationary, casual, seasonal, or fixed-term employee.
You must be employed at the time of childbirth to avail the benefit.
You must have a wife who’s pregnant, has given birth, or has had a miscarriage.
You are eligible if the pregnancy, delivery, or miscarriage has not happened more than four times.
You must be legally married to your pregnant wife.
You must be living with your legitimate wife under one roof.
WHEN CAN I FILE FOR A PATERNITY LEAVE?
Would-be fathers can take their paternity leave before, during, and after their wife gives birth. The total number of days off shouldn’t exceed seven working days for each child delivery.
For example, you can take a two-day leave before your wife’s due date, one day during her delivery, and four days after childbirth. The Paternity Leave Act, however, allows taking the leave only within 60 days after the child's delivery date.
Is the allocated leave the same as the paternity leave benefit?
No, the allocated maternity leave to the child’s father is different and is over and above that which is provided under the Paternity Leave Act of 1996 (RA 8187). This means that a father may now enjoy as much as 14 days of paid leave to take care of his child, depending on his marital status with the mother.
Under RA 11210, maternity leave credits maybe allocated to the child’s father whether or not he is married to the female worker. On the other hand, paternity leave under RA 8187 may only be availed if the father is married to his child’s mother with whom he is cohabiting.
IS PATERNITY LEAVE CONVERTED TO CASH IF UNUSED?
No. Paternity Leave cannot be converted to cash if unused.
IS PATERNITY LEAVE CUMULATIVE?
No. Unused leave cannot be added to the subsequent delivery or miscarriage.