Republic Act No.

8187

Paternity Leave Act of 1996

Introduction:

Paternity Leave Act of 1996 was enacted with the wellbeing of Filipino
families in mind by assuring that the husbands can effectively exercise
their functions as new fathers through a paid work leave of seven days.
This act is restricted only for married male employees.

The government acknowledges the importance of the presence of both

parents in the formative stage of an infant’s development. Child rearing
should not be left to the mother alone. The father’s presence is vital to
the well-being of the child as well as to the mother during the post-
partum period. This act enables fathers to play an active role during
child birth.

Relevant Sections

Section 2

Notwithstanding any law, rules and regulations to the contrary, every married
male employee in the private and public sectors shall be entities 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. The male employee applying for
paternity leave shall notify his employer of the pregnancy of his legitimate
spouse and the expected date of such delivery.

For the purpose of this Act, delivery shall include childbirth or any miscarriage.

Section 3 - Definition of Term

For the purpose of this Act, 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 compensation therefor, 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.

Keynotes

1. The applicant is a married male

 This act is solely for fathers. The law specifically states that the
male employee must be married. Consequently, male employees in
a common-law relationship are not covered by this act.

2. He must be employed
The applicant’s employment status bears no relevance in relation
to this act. He is eligible regardless of employment status i.e
Probationary, regular, contractual or project based as long as there
is the presence of an employer-employee relationship.
Male employees of both the private and government sector may
avail of this benefit.

3. Applicant is cohabiting with his spouse at the time that she gives
birth or suffers miscarriage

“Spouse” refers to the lawful wife. For this purpose, lawful wife
refers to a woman who is legally married to the male employee
concerned. The law also requires that the applicant must be living
together with his wife at the time that she gives birth or suffers
miscarriage.

If the spouses are not physically living together because of the

work station or occupation, the male employee is still entitled to
the paternity leave benefit

This act includes not only delivery but also miscarriage.

4. He must notify his employer

The married male employee shall apply for paternity leave with his
employer within a reasonable period of time from the expected
date of delivery, or within such period as may be provided by
company rules and regulations, or by collective bargaining
agreement.

In case of a miscarriage, prior application for paternity leave shall

not be required.

Usage of the paternity leave shall be after delivery, but employer’s

policy may allow the male applicant to avail of the benefit before
delivery, provided that the total number of days shall not be more
than seven days for each covered delivery.
5. Non conversion to cash
In the event that the paternity leave is not availed of, it shall not be
convertible to cash and shall not be cumulative.

6. The applicant is entitled to a paternity leave of seven (7) days

with full pay for the first four (4) deliveries
RA 8187 grants seven days leave with full pay for the first four
deliveries to the applicant.

However, in connection with Republic Act 11210 also known as

105-Day Expanded Maternity Leave Law, the number of leave
days may be extended to 14 days.

Republic Act 11210 “105-Day Expanded Maternity Leave Law”

Section 6.  Allocation of Maternity Leave Credits.— Any female worker

entitled to maternity leave benefits as provided for herein may, at her
option, 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…
Provided,  furthermore, That this benefit is over and above that which is
provided under Republic Act No. 8187, or the "Paternity Leave Act of
1996":  Provided, finally,  That in the event the beneficiary female worker
dies or is permanently incapacitated, the balance of her maternity leave
benefits shall accrue to the father of the child or to a qualified caregiver as
provided above.

A female worker entitled to maternity leave benefits may, at her

option, allocate up to seven days of her maternity benefits to the
child’s father, whether or not he is married to the female worker
upon notice to her employer. This provision is over and above the
provisions of RA 8187 or the Paternity Leave Act of 1996.

1. Ibig sabihin nito ung 7 days under the expanded maternity act
is on top of the 7 days under the paternity leave? Kaya pwedeng
maging 14 days in total?
2. Ung 7 days under paternity leave is with pay.. how about ung 7
days under expanded maternity leave? Di ako sure ditto kasi..

Ung IRR kasi ng expanded maternity ito ang sabi: “incase full pay
has been given to the female worker, the childs father or the
alternative caregiver, as the case may be shall only be excused from
work (leave without pay” rule 8 section 3.

So conversely, pag hindi fully paid si female employee, pwedeng

leave with pay si child’s father???

However, the option to allocate maternity leave credits to the

child’s father shall not be applicable in case the female worker
suffers miscarriage or emergency termination of pregnancy.

In case the mother decides to allocate maternity leave credits to the

child’s father, the child’s father shall be granted by his employer a
leave with pay equivalent 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.

It appears that under the Expanded Maternity Leave Act, the

requirement of marriage set forth under the Paternity Act is not a
requirement. The law only provides that the recipient of the
allocated maternity leave credit is the child’s father, regardless
whether he is married to the female employee or not.
 REPUBLIC ACT NO. 8972

Solo Parents' Welfare Act of 2000

Solo Parent’s Welfare Act of 2000 was enacted to provide 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.

It was signed into law on November 7, 2000 and took effect on

November 28, 2000.

Heheh paadd ng additional siguro na introduction. Yung medyo

madrama???

Solo Parents – Section 3 (a)

A Solo Parent is any individual who falls under these 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 mother keeps and raises the child.
2. Parent left solo or alone with the responsibility of parenthood
due to the following circumstances:
a. Due to death of spouse.
b. Spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year.
c. Physical and/or mental incapacity of spouse as certified
by a public medical practitioner.
d. 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.
e. 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.
3. 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.
4. Any other person who solely provides parental care and
support to a child or children.
 5. 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.

This provision applies to the spouses of prisoners, whether or not a final

judgement has been rendered, provided they are in detention for a
minimum period of 1 year. (IRR Section 6 (b) (3))

For solo parents whose spouses are abroad, the law did not consider this
as one of the categories of solo parent since the other spouse still
exercises duties over his/her family. However, if the other parent is
abroad and has lost contact with his/her family for a year or more, the
other parent who is left with the custody of the family, may be
considered as solo parent, provided proofs are presented to qualify as
such.

Children – Section 3 (b)

‘Children’ refer to those living with and dependent upon the solo parent
for support who are unmarried , unemployed and not more than 18
years old, or even if more than 18 years old but are incapable of self-
support because of mental and/or physical defect or disability.

Criteria for Support – Section 4

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 shall be
eligible for assistance.

For solo parents whose income is above the poverty threshold, they shall
be entitled to the benefits under Sections 6, 7 and 8 of this Act.

Benefits to Solo Parents

1. Comprehensive Package of Social Development and Welfare

Services (Section 5)

This section provides for a comprehensive package of

programs/services for solo parents including livelihood, self-
employment and skills development, employment-related benefits,
psychosocial, educational, health and housing services for the
benefit and enjoyment of the qualified solo parents.

a. Livelihood Development Services - Section 5 (a)

Includes trainings on livelihood skills, basic business
management, value orientation and the provision of seed capital
or job placement.

TESDA has launched a program called Productivity Skills

Capability Building for the solo parents and their grown
children who are 18 years old and above to enable them to
develop skills necessary to undertake entrepreneurial activities.

Department of Social Welfare and Development Program has

also applied the strategies and mechanisms of Self Employment
Assistance Kaunlaran (SEA-K) in order to provide livelihood
assistance to the solo parents. Solo parents will be organized or
integrated into SEA-K Associations and/or groups in order to
avail of the seed capital. Likewise, they can also be accessed
through available livelihood assistance of other agencies/and
NGOs.

b. Counseling services - Section 5 (b)

This includes individual, peer group or family counseling which
will focus on the resolution of personal relationship and role
conflicts

Department of Social Welfare and Development Programs in

response to this Act include:

Individual Counseling - for solo parents to enable them to cope

with unresolved feelings associated with guilt, anger, shame
bereavement, insecurity and self-pity so that they may able to
deal better with other stresses of being solo parents

Peer Support Group – refers to a series of counselling sessions

with a group of solo parents who are in a similar crisis situation
where the group is used as a tool to come up with a resolution
to address/solve the conflict

c. Parent effectiveness services - Section 5 (c)

 Includes 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.

This support service of the DSWD targets solo parents with

inadequate parenting knowledge and skills and those who have
0-6 years old children not served under the Day Care Centers or
other child-minding centers to help them cope with their
parenting duties and eventually become effective parents.

Day Care Services are also available for children aged 3-6 years
of working mothers. They can be accommodated in existing day
care centers close to their homes.

d. Critical incidence stress debriefing - Section 5 (d)

Refers to preventive stress management strategy designed to
assist solo parents in coping with crisis situations and cases of
abuse.

The DSWD also has programs on Community Based Protection

and Assistance to Solo Parents at Risk which involves sessions
with solo parents to help them overcome a crisis and stressful
situations at any given time that need to be addressed
immediately. This can be provided by trained LGU social
workers/counselors; from the solo parents club; or from
organized volunteer support group.

e. Special projects for individuals in need of protection - Section

5 (e)
Special projects include temporary shelter, counseling, legal
assistance, medical care, self-concept or ego-building, crisis
management and spiritual enrichment.

2. Flexible work schedule – Section 6

Employers of solo parents shall provide for a flexible working

schedule for solo parents: Provided, hat 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.

Flexible work schedule refers to an arrangement for a solo-parent

employee to vary his/her arrival and departure time without
affecting the core work hours as defined by the employer.

The employer shall provide for a flexible working schedule for

solo-parents, as long as it shall not affect individual and company
productivity.

In the case of employees in the government service, flexible

working hours will be subject to the discretion of the head of the
agency. In no case shall the weekly working hours be reduced in
the event the agency adopts the flexible working hours schedule
format.

In the adoption of flexi-time, the core working hours shall be

prescribed taking into consideration the needs of the service.

3. On work discrimination – Section 7

No employer shall discriminate against any solo parent employee

with respect to terms and conditions of employment on account of
his/her status.

4. Parental Leave – Section 8

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.

“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.

Conditions for Entitlement

A solo parent employee shall be entitled to the parental leave,

provided that:
 1. He/she has rendered at least one (1) year of service, whether
continuous or broken;
2. He/she has notified his/her employer that he/she will avail
himself/herself of it, within a reasonable period of time; and
3. He/she has presented to his/her employer a Solo Parent
Identification Card, which may be obtained from the DSWD
office of the city or municipality where he/she resides.

No conversion to Cash

In the event that the parental leave is not availed of, it shall not be
convertible to cash, unless specifically agreed on previously.

Crediting of Existing Leave

If there is an existing or similar benefit under a company policy or

a collective bargaining agreement, the same shall be credited as
such. If it is greater than the seven (7) days provided for in RA
8972, the greater benefit shall prevail.

5. Educational Benefits – Section 9

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) Non-formal 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.

Some of the government programs in response to the educational

benefits of the Solo Parent Act are as follows:

CHED scholarship programs such as CHED Study Grant Program,

Private Education Student Financial Assistance (PESFA), Tulong
Dunong, and, Study Now, Pay Later Plan prioritizing solo parents
and their children.
 GSIS Scholarship Program also gives out scholarship slots for
qualified dependents of solo or single parents. Under the program,
GSIS shoulders up to P20, 000 of the scholars’ actual cost of tuition
and miscellaneous fees per semester. They also get a monthly
stipend of P2, 000. 

TESDA has also launched several scholarship programs

prioritizing minority groups including solo parents and their
children who are over 18 years old who want to pursue technical
and vocational courses namely Private Education Student Financial
Assistance (PESFA) and Training for Work Scholarship Program
(TWSP) 2017 for Technical Vocational Institutions (TVIs) among
others.

6. Housing Benefits – Section 10

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.

Incompliance with this provision, solo parents who meet the

eligibility criteria for housing assistance under R.A. No. 7279
(Urban Development and Housing Act of 1992) and other related
rules and regulations of participating housing agencies shall be
provided with liberal terms of payment on government low-cost
housing projects, in accordance with housing law provisions,
prioritizing applicants below the poverty line as declared by the
NSCB.

National Housing Authority shall make available housing units to

solo parents in its housing projects subject to existing disposition
policies or may refer them to other housing projects, as
appropriate, provided that:

(a) The identified solo parent must be eligible for assistance under
the provisions of this Act;
(b) Solo parents applying for housing benefits must meet the
qualification criteria for housing assistance under Republic Act
7279, or the Urban Development and Housing Act (UDHA) and
 other NHA eligibility criteria under existing policies, rules and
regulations; and
(c) Eligible solo parents shall file their application for housing unit
directly with the concerned NHA Project Offices.

Upon written request, the NHA shall provide the DSWD a listing
of NHA projects with available housing units for disposition. This
list shall be updated and provided semi-annually.

7. Medical Assistance – Section 11 

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).

To ensure the state of wellbeing of the solo parent and his/her

family, health/medical services shall be made available at all times,
in all levels of health care delivery system as mentioned in the
previous Section. These health/medical services shall be part of the
regular essential health packages being provided at various stages
of life.

Termination of benefit

A change in the status or circumstance of the parent claiming the

benefit under the law, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for this
benefit.

Additional Benefit of Solo Parents under the Republic Act 11210 also
known as 105-Day Expanded Maternity Leave Law

Section 3.  Grant of Maternity Leave.— All covered female workers in

government and the private sector, including those in the informal economy,
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:  Provided,  That in case the
worker qualifies as a solo parent under Republic Act No. 8972, or the "Solo
Parents’ Welfare Act", the worker shall be granted an additional fifteen (15)
days maternity leave with full pay.

Enjoyment of maternity leave cannot be deferred but should be availed of either

before or after the actual period of delivery in a continuous and uninterrupted
manner, not exceeding one hundred five (105) days, as the case may be.

Maternity leave shall be granted to female workers in every instance of

pregnancy, miscarriage or emergency termination of pregnancy, regardless of
frequency:  Provided,  That for cases of miscarriage or emergency termination of
pregnancy, sixty (60) days maternity leave with full pay shall be granted.

Solo parents under the Expanded Maternity Leave Act shall enjoy
additional 15-day maternity leave with full pay. In addition, in case the
solo parent suffers from cases of miscarriage or emergency termination
of pregnancy, additional 60 days maternity leave with pay shall be
granted.

Tama ba pagkakaintindi ko sa last paragraph nayan? :D

So bale under the expanded maternity leave pag solo parent total
of 105 days plus 15 with pay
Pag solo parent plus miscarriage ang case is 105+15+60 with pay?
Ganern ba? Hihi

Yan ang pagkakaintindi ko ah. Pero ung summary ngay sa labor

pre week notes na binigay ni atty puruel, sabi nya walang
additional 60 days incase of solo parents with miscarriage.

Sundin na lang natin ung sa preweek notes guys? hahahha