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Paternity Leave Philippines: Full Guide to Paid Leave for Dads and intro for HR Practitioners
What is the Philippine Paternity Leave Law?
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 Philippines: RA 8187
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.
RA 8972 Solo Parents Act: Another way to get paid leave for dads
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:
- availed of within one calendar year and can be used to attend child-related events – such as birth.
- It can be used all at once or staggered over the year.
- Solo Parent Leave is given to someone who has rendered 1 year of service and has a Solo Parent ID.
- According to the Civil Service Commission’s guidelines, a notice of a week should be sufficient.
- This is a benefit shouldered by the employer
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 7 Day Allocation from Maternity Leave: Yet Another Way to get Fathers Paid Leave
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.
Who qualifies for Philippine Paternity Leave?
Paternity Leave Requirements for availing:
- You are legally married to the mother
- You are cohabiting with the mother
- You are employed
- It is your wife’s 4 pregnancy or miscarriage
- Notify your employer in sufficient time (does not apply for miscarriage)
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.
How do I avail of Paternity Leave?
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
- Ultrasound, proof of pregnancy and other medical records
- Marriage Certificate
- There will also usually be a Paternity Leave form
- Inform your company before the delivery. If you do not, your claim for Paternity Leave may be denied, as per R. 185556 Paternity leave was denied here because they did not notify the company.
- After the birth, you likely will need to submit a birth certificate. If there was a miscarriage or emergency termination of pregnancy, you will need to submit a Death Certificate.
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.
Paternity Leave Philippines FAQs
Are there Paternity benefits in SSS?
No, there are no SSS Paternity Benefits in the Philippines.
Philippine Paternity leave is given by the company, and not the SSS.
However, a working dad can get 7 days of paid leave through his partner’s SSS by requesting an Allocation of Maternity Leave Credits. This can be done even in cases of unmarried parents.
How do I get an Allocation of Maternity Leave credits from my partner’s SSS?
To get 7 days of Allocation of Maternity Leave credits, the female SSS member must first fill up the Allocation of Maternity Leave Credits Form.
This can also be done through the SSS portal by your partner’s HR.
The Allocation of Maternity Leave Form is below.
Notifying the SSS must be done both through your partner’s HR and your HR.
When your partner files her SSS Maternity Leave, she should already indicate that she plans to allocate. It should be done at the same time.
Note that this allocation is very, very helpful to parents of alternative households.
Aside from covering male partners, it can be given to other caregivers as well, not just the father, so long as:
- It is to a relative within the 4th degree of consanguinity RA 11210, Rule VIII, Section 1
- A current partner, regardless of sexual orientation or gender identity
So, people who are not married, people who are relying on a family member for childcare or people in alternative relationships can really benefit from this.
(This is really helpful to mothers given how much care newborn infants really need.)
Another thing also –
This allocation is flexible – it can be taken altogether or it can be staggered. Two days of leave can be granted pre-delivery or after the birth (but not later than the period of Maternity Leave availed of).
Please remember that this allocation is only for live childbirth.
In case of miscarriage or emergency termination of pregnancy, the allocation is not applicable.
Allocation of Maternity Leave Credits: Things to remember
- It can be taken on a staggered basis, but not later than the period of Maternity leave availed of
- Only for live childbirth
- Covers all pregnancies/miscarriages
- Can be for alternative caregivers
- Alternative caregiver must be employed
- Alternative caregiver’s HR must be notified
- Must be filed with the Maternity Leave Notification Form
Am I eligible for Paternity Leave if I am probationary/ contractual?
Yes, you are eligible for Paternity leave if you are probationary, contractual, regular or on a project basis as per DOLE Guidelines.
Is Paternity Leave in the Philippines Convertible to Cash?
No, Paternity Leave in the Philippines is NOT convertible to cash.
So, you cannot convert unused leave days to cash.
Is Paternity Leave in the Philippines Cumulative?
No, Paternity Leave in the Philippines is NOT cumulative.
Say you have unused Paternity Leave from your wife’s first pregnancy.
These unused leaves cannot be used in your wife’s next pregnancy – so you may as well use them and spend time with your family.
When can I file for Paternity Leave in the Philippines?
You can file for Philippine Paternity Leave before, during or after your wife gives birth.
Please check also with your company HR for what the full Paternity leave Requirements are since it differs per company.