Chapter 6 Paternity Leave Act of 1996 : RA 8187

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Paternity Leave
- Refers to the time-off with pay granted to a married make employee by reason of
childbirth or miscarriage of his lawful wife so that he could lend support to his wife
during her period of recovery, or in nursing if the newly born child.
- Coverage: married male employees both private and public sector
Duration of Paternity Leave
- 7 days with full pay
- Only for the first 4 deliveries or miscarriages of the legitimate wife with whom he is
cohabiting
Leave benefits: not convertible to cash
Conditions for entitlement of paternity leave
1. Woman who gave birth or suffered miscarriage is the legal wife
2. Time of miscarriage or delivery the husband must be:
a. An employee
b. Cohabiting with lawful wife
3. Must inform the employer of the pregnancy of the wife and stating the date of delivery
4. Can only avail of the leaves for only the first 4 childbirth or miscarriage
When to avail?
- Before, during, or after the delivery of his wife BUT:
- Not later that 60 days after the date of the said delivery
How to avail?
- Husband should inform his employer (state date of delivery) as soon as he finds out that
his wife is pregnant
- Employee: files an application for the paternity leave by filing the Paternity Notification
Form provided by employer
- Submit the said form to the employer + copy if marriage contract or any proof of
marriage
- Notification requirement: not applicable to abortion or miscarriage
Proof of Childbirth/Miscarriage
- Within a reasonable time the husband must submit:
o Copy of birth certificate: delivery of birth
o Death or medical certificate: miscarriage / abortion
o Must be duly signed by the physician or midwife showing actual date
Penal Sanctions
- Fine not exceeding 25,000
- Imprisonment: 30 days to 6 months

Chapter 7 The Solo Parents Welfare Act of 2000: RA 8972

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Solo Parent
- Person left alone with the responsibility of parenthood due to the following
circumstances:
o Giving birth due to rape or crimes of chastity
o Death of spouse
o Detention or imprisonment of spouse for at least 1 year
o Physical or mental incapacity of spouse: must be certified by public medical
practitioner
o Legal separation / de facto separation: must be at least 1 year
o Declaration of nullity or annulment
o Abandonment of spouse: at least 1 year
o Unmarried father/mother who prefers to keep and rear child instead of others
o Foster parent: licensed by the DSWD or legal guardian appointed by the court who
provides parental support and care for the child
o Family member who assumes the responsibility of a head of the family due to
disappearance, absence, abandonment, death of the parents: for at least 1 year
Benefits: availed as long as the solo parent is left alone with responsibility of parenthood
- Flexible work schedule
o System whereby a solo parent-employee is given a right to vary his/her arrival
time without affecting the core work hours as defined by the employer
o Employer: obliged to provide for the flexible working hours as long as it does not
affect company and individual productivity
o If productivity is affected: employer may request exemption from DOLE
o Government services: employees flexible working hours is subject to the discretion
of the agency
o Entitled even if income is above the poverty threshold of NEDA and assessment of
DSWD
-

Parental leave: not more than 7 days

o Time to enable the parent to perform parental duties and responsibilities where
physical presence is required
o 1 year rendered service: entitled to PL of not more than 7 working days every year
o 7 day parental leave: not convertible to cash and non-cumulative if UNUSED.
o Conditions for entitlement:
Have rendered at least 1 year of service, either continuous or broken
Must give notice to employer of the availment within a reasonable time
Must present Solo Parent Identification Card to employer
o Entitled even if income is above the poverty threshold of NEDA and assessment of
DSWD

Housing benefits

o Entitled to be given allocation in government low-cost housing projects on liberal

terms of payment, conditions:
SP applying must meet the qualification criteria for housing assistance under
the Urban Development and Housing Act and other eligibility under NHA
Eligible SP: must file their application directly with the concerned NHA
Project Offices

Educational benefits
o Scholarship programs for qualified solo parents and their children in basic, tertiary,
technical/ skill education institutions
o Non-formal education programs appropriate for SP and their children
o Procedure for availment:
Secure application form from DECS, or TESDA depending on his need
Submit application form with the following:
Solo Parent ID
Barangay Clearance
Birth Certificate
Notice of admission from the school
OCTC of transcript, or report card of the last year attended school
Note: Only SP whose income falls below the poverty threshold as set by NEDA and
DSWD are eligible

Medical assistance
o Only SP whose income falls below the poverty threshold as set by NEDA and
DSWD are eligible