WHAT ARE THE RIGHTS OF SOLO PARENTS UNDER THE SOLO PARENTS’ WELFARE ACT OF 2000?

After reading “What are the Rights of Solo Parents under the Solo Parents’ Welfare Act of 2000?”, read also “Significance of knowing whether you are considered a “Solo Parent” under RA 8972”

• It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development.
  

• A solo parent is entitled to a comprehensive package of Social Development and Welfare Services.
  

• A solo parent is entitled to a flexible work schedule, parental leave benefits, as well as other benefits such as educational, housing and medical assistance.
  

Guided by the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development, Republic Act No. 8972 or the Solo Parents’ Welfare Act of 2000 was enacted. The law aims to provide certain benefits to ensure that solo parents are given equal opportunities as well as rights and privileges under the law.

 

The law says:

A solo parent is defined under Section 3 of Republic Act No. 8972 or the Solo Parents’ Welfare Act of 2000 in the following manner:

 

Section 3 (a) “Solo parent” – any individual who falls under any of the following categories:

1. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of parenthood due to death of spouse;
3. Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
4. Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
5. Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;
6. Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;
7. Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;
8. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;
9. Any other person who solely provides parental care and support to a child or children;
10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

 

A change in the status or circumstance 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 these benefits.

 

Under Republic Act No. 8972 or the Solo Parents’ Welfare Act of 2000, a solo parent is entitled to a comprehensive package of Social Development and Welfare Services. This included access to livelihood development services, counseling and parent effectiveness services, stress debriefing, and other special projects. To wit:

 

Section 5. Comprehensive Package of Social Development and Welfare Services. – A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

 

Also, solo parents are entitled to a flexible work schedule, provided that it does not affect the productivity of both the employer and the solo parent employee. To wit:

 

Section 3 (e) “Flexible work schedule” – is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

 

Section 6. Flexible Work Schedule. – The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

 

Further, solo parents have the right against discrimination in the work place. As such:

 

Section 7. Work Discrimination. – No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

 

A solo parent is likewise entitled to a parental leave in addition to other leave privileges granted by other laws:

 

Section 3 (d) “Parental leave” – shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

 

Section 8. Parental Leave. – In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

 

A solo parent, as well as his/her child/children, are also given other privileges under the Solo Parents’ Welfare Act of 2000 such as scholarship programs and educational programs:

 

Section 9. Educational Benefits. – The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

 

A solo parent is likewise entitled to housing benefits with liberal terms of payment.

 

Section 10. Housing Benefits. – Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

 

A solo parent is also entitled to a comprehensive health care program for him/her as well as his/her child/children.

 

Section 11. Medical Assistance. – The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).

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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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