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Paternity Leave

PATERNITY LEAVE

(RA 8187)

A. Coverage

Paternity Leave is granted to all married male employees in the private sector, regardless of their employment status (e.g., probationary, regular, contractual, project basis). The purpose of this benefit is to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child.

Government employees are also entitled to the paternity leave benefit. They shall be governed by the Civil Service rules.

B. The Paternity Leave Benefit

Paternity leave benefit shall apply to the first four (4) deliveries of the employee’s lawful wife with whom he is cohabiting. For this purpose, “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.

The paternity leave shall be for seven (7) calendar days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage.

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.

C. Conditions for Entitlement

A married male employee shall be entitled to paternity leave benefit provided that he has met the following conditions:

  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.

D. Application for Paternity Leave

The married male employee 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.

E. 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.

F. Crediting of Existing Benefits

  1. If the existing paternity leave benefit under the collective bargaining agreement, contract, or company policy is greater than seven (7) calendar days as provided for in RA 8187, the greater benefit shall prevail.
  2. If the existing paternity leave benefit is less than that provided in RA 8187, the
    employer shall adjust the existing benefit to cover the difference.

Where a company policy, contract, or collective bargaining agreement provides for an emergency or contingency leave without specific provisions on paternity leave, the employer shall grant to the employee seven (7) calendar days of paternity leave.