Paternity Leave Benefits

Are you married, pregnant and about to give birth or recently had a miscarriage?

If your answer is yes, continue reading the Q & A below to determine if your husband is entitled to seven (7) days paternity leave with full pay during your period of recovery.

What is paternity leave?

Paternity Leave refers to the benefits granted to a married male employee entitling him to his full pay for the seven (7) days during which he is allowed not to report for work, 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.

 

Who are covered?

Paternity Leave is granted to all MARRIED male employees in the private sector.

Government employees are also entitled to the paternity leave benefits and governed by the Civil Service rules.

 

What are the conditions for entitlement?

1. He is an employee at the time of the delivery of his child;
2. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage.  
3. He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and
4. His wife has given birth or suffered a miscarriage.

 

What is the meaning of "cohabiting" under R.A. 8187?

“Cohabiting” means the obligation of the husband and wife to live together.

 

If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit.

 

What is the limit of this law?

Paternity leave may only be availed of for the first four deliveries of the legitimate spouse.

 

If the status of employment of the male employee is contractual, is he entitled to paternity leave?

Yes. All male employees regardless of their employment status whether regular, probationary, contractual or project basis are entitled to paternity leave.

When can paternity leave be availed of?

Usage of the paternity leave shall be after the delivery, without prejudice to an employer’s policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) calendar days for each covered delivery.

 

When should the male employee apply for a paternity leave?

He shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, 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.
 

If paternity leave was not used, can this be converted to cash or is it cumulative?

No.  It is not convertible to cash and not cumulative.

 

Hope this helps!  For my post about SSS Maternity Leave, please click HERE.

Wishing all my pregnant readers a happy and healthy pregnancy and a fast and safe delivery! God bless everyone!

 Mommy Edel


References: 

Paternity Leave Act of 1996 

DOLE Handbook 2014 Edition