Paternity Leave - Panilo & Paras

REPUBLIC ACT NO.
8187
THE PATERNITY
LEAVE
ACT OF 1996
BY:
PANILO, LANCE IRVIN P.
PARAS, DIVINE MAE V.
REPUBLIC ACT NO. 8187
an act granting paternity leave of
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 time-off with
pay, granted to a married male
employee by reason of
childbirth or miscarriage of his
lawful wife.
RATIONALE
so that the husband could
lend support to his wife
during her period of
recovery, or in nursing of
the newly born child.
COVERAGE OF THE LAW
the Paternity Leave Act
covers married male
employees in both the
public and the private
sector.
DURATION OF PATERNITY LEAVE
seven (7) days with full pay –
available only for the first four
(4) deliveries or miscarriage of
the legitimate spouse with
whom he is cohabiting.
FULL PAY
consists of basic salary,
all allowances, and other
monetary benefits. Thus,
if unused, it cannot be
convertible to cash.
CONDITIONS FOR ENTITLEMENT
a male employee can avail of the paternity leave if the ff conditions
are complied with:
 the woman who gave birth or suffered
miscarriage must be the legal wife;
 at the time of the miscarriage or
delivery of the child, the male spouse
must be:
i. an employee; and
ii. cohabiting with his lawful wife
CONDITIONS FOR ENTITLEMENT
 the employee must notify the
employer of the pregnancy of his wife,
stating the expected date of delivery;
 the paternity leave can be availed of

only for the first four (4) childbirth or
miscarriage.
WHEN TO AVAIL OF THE
PATERNITY LEAVE
 before
 during
 after
the delivery of the wife.
NOTE: the total number of days shall not exceed seven (7)
working days for each delivery. Provided further, that said
benefits shall be availed of not later than sixty (60) days
after the date of the said delivery.
HOW TO AVAIL OF THE
PATERNITY LEAVE
 employee should inform his employer about the pregnancy
and expected date of delivery;
 employee should file an application for paternity leave by
accomplishing the ff:
i. Paternity Notification Form
ii. Copy of the marriage contract; if not applicable, any
proof of marriage.
NOTE: the notification requirement does not apply to

miscarriage or abortion.
PROOF OF CHILDBIRTH OR
MISCARRIAGE
the employee who has availed of the paternity leave benefits shall, within a
reasonable period of time, submit the ff:
 copy of the birth certificate of the newly born child

 death or medical certificate in case of miscarriage or
abortion
NOTE: must be duly signed by the attending physician or

midwife showing the actual date of childbirth, miscarriage,
or abortion, as the case may be.
PENAL SANCTIONS
 fine not exceeding P25, 000; or
 imprisonment ranging from thirty (30) days to
six (6) months.
NOTE: if the violation is committed by a corporation,

trust firm, partnership,
association or any other entity, the penalty of
imprisonment shall be imposed on the entity’s
responsible officers.
UPDATE: House Bill 3788
An act amending sections 2
and 3 of RA 8187, otherwise
known as The Paternity Act
of 1996.
R.A. 8187 HOUSE BILL 3788
Title The Paternity Leave The Expanded Paternity Leave
Act of 1996 Act of 2016
Section 2. Coverage  Every married male employee  Every married or in a
common law relationship
 entitled to paternity leave male employee
benefits of seven (7) working  Additional paternity leave of
days with full pay 15 days without pay, may be
availed of, at the option of
the employee. Provided that a
notice in writing, be given to
the employer 7 days before
the expiration of the original
paternity leave.
NOTE: it is only considered a common law relationship if

employee and his ‘spouse’ have been living together as
husband and wife for 5 years at the time of childbirth.
UPDATE: House Bill 3788
R.A. 8187 HOUSE BILL
3788
Effectivity retroactive effect 15 days after
On 5 July 1996, publication in
when Republic Act official gazette or
No. 8187 became at least two
effective. newspapers of
general circulation.
WHY IS IT CONSIDERED A
SOCIAL LEGISLATION?
It provides for the well-being of families by
assuring that husbands can effectively
exercise their functions as new fathers
through a paid work leave. It makes sure
that even if a father would make necessary
absence, he still gets paid, to help him
provide for the family’s finances most
especially of the wife and the newborn child.

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REPUBLIC ACT NO.

 the paternity leave can be availed of

NOTE: the notification requirement does not apply to

 copy of the birth certificate of the newly born child

NOTE: must be duly signed by the attending physician or

NOTE: if the violation is committed by a corporation,

NOTE: it is only considered a common law relationship if

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