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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Paternity Leave Act grants every married male employee to a paid leave of seven (7) days in order to support his wife in her period of recovery and in nursing for their newly-born child. (R.A. 8187)
What is the grant of paternity leave benefits? (Labor Law)
Republic Act 8187 or the Paternity Act of 1996 states that every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
Who are entitled to Paternity Leave?
All married male employees, regardless of their employment status
How long can the male employee avail the Paternity Leave benefit?
The duration of paternity leave is seven (7) days with full pay including other monetary benefits and allowance
When can it be availed of?
In case of his wife’s childbirth or miscarriage (may be before, during or after delivery provided that in the latter case, it is not later than 60 days from date of delivery).
Limitation/s:
It can be availed of only for the first four childbirths or miscarriages of the legal wife.
What is the purpose of the law in granting such leave (Paternity Act of 1996)?
To enable him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child
Is it commutable to cash?
No.
How to know if the male employee is qualified?
- The male spouse must be employed at the time of the delivery or miscarriage;
- The woman who gave birth to the child or suffered miscarriage must be the legitimate/legal wife
- The employee notified his employer of the expected date of delivery within reasonable period of time (Implementing Rules and Regulations of Republic Act No. 8187 for the Private Sector)
Related article: SIGNIFICANCE OF KNOWING WHETHER YOU ARE CONSIDERED A “SOLO PARENT” UNDER RA 8972
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