Paternity Leave in

the Philippines
(RA 8187 OR ALSO KNOWN AS PATERNITY LEAVE ACT OF
1996)
What is Paternity Leave?

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.
Is paternity leave covered under the Labor
Code of Philippines?

Paternity leave is not covered under the Labor Code of

Philippines, instead it is provided under RepublicAct
No. 8187 known as the Paternity Leave Act of 1996
Who is entitled to paternity
leave?
A male employee who meets all of the following requirements shall be
entitled to paternity leave:
Legally married with his spouse;
Cohabiting with his spouse (with exceptions);
His legitimate spouse has delivered a child, or suffered a miscarriage
or abortion;
First 4 deliveries (delivery shall include childbirth or miscarriage); and
The employer has been notified of the pregnancy and expected date
of delivery within a reasonable time period.
How can this leave be availed of?
The married male employee must file a leave application form within a
reasonable period prior to the expected delivery date except in cases of
miscarriage and abnormal deliveries which were unforeseen.

Is the approval of paternity leave

application mandatory?
If the applicant is eligible for this benefit, the approval of his leave application
is mandatory on the part of the approving authority unless his services are
urgently needed to preserve life and property. In such case, he will be
entitled to overtime pay.

Will I be required to submit documents in support of my leave

application?

Yes. The agency may require the applicant to submit a

certified true copy of his marriage contract, the birth
certificate of the newly born child, or the medical
certificate with pathology reports duly signed by the
attending physician/midwife, in case of miscarriage.
Non-conversion to Cash

No. Paternity leave is non-cumulative, which means

that if you fail to avail of it within 60 days from your
wifes delivery/miscarriage, it is deemed forfeited.
Neither can it be converted to cash at any time.
What are the consequences if I file a
fraudulent claim/application for
paternity leave?

Any government official or employee who is found

guilty of filing a fraudulent claim will be punished with
dismissal from the service for dishonesty.
Sources
http://www.gov.ph/1996/06/11/republic-act-no-8187/
http://bwc.dole.gov.ph/images/Handbook/2016_Handbo
ok_as_of_5302016.pdf
http://www.laborlaw.usc-law.org/2010/02/25/paternity-
leave/
http://thepinoycivilservant.com/2016/01/15/paternity-
leave/
http://www.payrollglass.com/hr-practices/leave-and-
benefits/paternity-leave/

THE END.