Philippine Paternity Leave Law is based on RA 8187 but dads can also avail of paid leave through the Solo Parent Act and RA 11210 or the Expanded Maternity Leave Act.
Each of these laws provides working dads with paid leave.
Each has different requirements and coverage, so we will go through them in separate sections.
Let’s start with the actual Paternity Leave Law first.
Paternity leave was first made available through RA 8187 or the Paternity Leave Act of 1996.
It’s pretty straightforward.
Paternity Leave in the Philippines is a government-mandated benefit that employers provide out of their own pocket.
(This is also why Philippine Paternity Leave Requirements vary from company to company. To some extent, it depends on Company Policy.)
It is available for married male employees who are cohabitating with the mother for the first 4 deliveries or miscarriages.
It is basically 7 days of leave at that employee’s full pay.
Philippine Paternity Leave is limited to married male employees cohabitating with their partners.
However, what happens if the mother is no longer around?
Does RA 8187 Philippine Paternity Law still apply?
No, RA 8187 no longer applies.
Instead, working dads can look to the RA 8972 Solo Parents Act to avail of paid leave.
(Note that this also applies to any other person providing sole care to a child.)
Solo Parent Leave must be:
Note that the expanded solo parents act recently became law, but it does not yet have any Implementing Rules and Regulations.
For more details on how to get paid Leave as a Solo parent, please read our Solo Parents Philippines Act.
RA 11210 can provide paid Paternity Leave in the Philippines if RA 8972 and RA 8187 do not apply – i.e. you are not a solo parent or you are not married to the mother.
In this case, Paternity Leave can be transferred from the mother’s Maternity Leave allocation under Sec 6 of RA 11210.
To do this, you must be currently employed.
For more details on how to get paid leave from an Allocation of Maternity, please read this section.
Paternity Leave Requirements for availing:
Because Philippine Paternity Leave is given by employers and not the SSS, talk to your HR to determine how to file it and what the full requirements are since it differs from company to company.
In case you are denied the benefit, the first step is to discuss it with your HR (and not a Philippine Labor Lawyer) to clarify.
Your HR be able to help you figure out why you are not eligible.
Your HR might also be able to point you to other options to get paid leave such as the Solo Parents Act or 7 days Allocation of Maternity Leave credits from your partner’s SSS.
File your complete Paternity Leave requirements in sufficient time and discuss them with your HR – a lot is defined by company policy.
Paternity Leave Philippines: General list of requirements
Please check out our article on the Solo Parent Philippines Actor our read our Allocation of Maternity Leave Section if you are availing of other types of leave.
The requirements for other types of leave are different from the Paternity Leave Requirements, and you will need to prepare for different things.
The process on how to avail of paid Paternity Leave varies from company to company because companies are the ones that administer this benefit – essentially, this is paid out of the employer’s pocket.
The Paternity Leave Law just sets the guidelines for this and leaves it to the companies to pay and administer to it.
This is why Philippine HRs should always have strong policies and processes in place. It helps you be prepared and is a good way to explain what the company’s official stance on some of the laws are and – more importantly – how it is implemented.
Policy creation should always be done with a Philippine Labor Lawyer’s input. There is a lot that he will be aware of that will help determine the best HR policies for your company.
