Paternity leave for expectant fathers

Expecting a baby soon? Why not take an active part in your partner’s pregnancy and avail of the paternity leave?

The benefits of taking paternity leave are indisputable. The presence of both parents is important in the formative stages of newborn’s development.  Thus, it is imperative that both parents take an active part during and after delivery.

Republic Act No. 8187 or “Paternity Leave Act of 1996“ grants every married male employee in the private and public sectors 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.

What is Paternity Leave?

“Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.

How to be entitled to Paternity Leave?

To be entitled to Paternity Leave under Republic Act No. 8187, the following conditions must be met:

1. He is legally married to, and is cohabiting with the woman who delivers the baby;
2. He is employed in a private or public sector;
3. May be availed of only for the first 4 deliveries of the legitimate spouse with whom he is cohabiting; and
4. He notified his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.

RELATED ARTICLE: Further Empowering Rights of Women: Highlights of Republic Act No. 11210 or the “105-Day Expanded Maternity Leave Law”

How to Apply For Paternity Leave?

As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time. The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the employer, together with a copy of his marriage contract, or where not applicable, any proof of marriage. However, this notification requirement shall not apply in cases of miscarriage or abortion.

Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.

With the said conditions, it is clear that only a man who is legally married and cohabiting with the woman who is to deliver the baby will be entitled to Paternity Leave under RA 8187. 

When Can The Paternity Leave Be Availed?

he paternity leave benefits set forth in RA 8187 may be enjoyed by the qualified employee before, during or after the delivery by his wife provided that the total number of days shall not exceed seven (7) working days for each delivery. Also, this benefit shall be availed of not later than sixty (60) days after the date of said delivery.

What if The Father Is Not Married to The Child’s Mother, Can He Still Avail of Paternity Leave?

With the recently passed Republic Act No. 11210 or “105-Day Expanded Maternity Leave Law” unmarried men can now also avail the Paternity Leave.

RA 11210 provides that all female workers, regardless of civil status or the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay. Moreover, she can allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. Further, in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits can accrue to the father of the child.

The father shall be granted by his employer a leave with pay equivalent to a period from One (1) to seven (7) days, which may be enjoyed either in a continuous or in an intermittent manner not later than the period of the maternity leave availed of.

The allocated benefit granted to the child’s father under “105-Day Expanded Maternity Leave Law” is over and above that which is provided under Republic Act No. 8187 or the or Paternity Leave Act of 1996.

However, please note that the option to allocate maternity leave credits shall not be applicable in case the female worker suffers miscarriage or emergency termination of pregnancy.

How to Avail the Allocation of Maternity Leave Credits?

In case the female worker is covered by Social Security System (SSS), she shall notify her employer of her option to allocate with her application for maternity leave. The father shall also notify his employer concerned of is his availment of the allocated leave and inclusive dates thereof. This written notice to the employer shall be required even if the child’s father is employed in the public sector.

In case the female worker is employed in the Public Sector, she shall submit a written notice to the head of agency or head of agency’s authorized representative with her application of maternity leave.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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