3. Paternity Leave (RA 8187)

Definition:

Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, 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. (R.A. No. 8187, Sec. 3)

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).

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

Conditions to entitlement:

• A married male employee at the time of delivery of his child;
• Cohabiting with his spouse at the time she gives birth or suffers a miscarriage;
• Applied for paternity leave within a reasonable period from the expected date of delivery by the pregnant spouse, or within such period as may be provided by company rules or by CBA; provided that prior application is not required in case of miscarriage;
• The employee’s legitimate spouse has given birth or suffered a miscarriage, and the leave is for one of her first four deliveries (RA 8187, Sec. 2).
• Where a male employee is already enjoying the paternity leave benefits by reason of contract, company policy or CBA, the greater benefit prevails.

Application for Paternity Leave

The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of delivery within a reasonable period before the expected delivery, or within such period as may be provided by company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in case of miscarriage (IRR of R.A. No. 8187 for the private sector, Sec. 4)

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. IRR of R.A. No. 8187, Sec. 7)