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V.

BEN AND MARGIE


(10 pts)

Ben and Margie have been living together for 8 years without the benefit of the marriage. Ben
and Margie have been working at a call center for over 5 years now. Margie got pregnant and
gave birth to twins by way of natural delivery. Ben is the father. If you were employers of Ben
and Margie, What benefits under the law are they entitled to? How many leaves under the
law does Ben have for the year? How many leaves does Margie have under the law for the
year?

Every married male employee in the private and public sectors shall be entitled to a paternity
leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse
with whom he is cohabiting.

If i were employer of Margie, the benefits under the law that she is entitled to are Republic Act
1161, as amended by Republic Act 8282.

Under Republic Act 8282, an act further strengthening the social security system
thereby amending for this purpose, republic act no. 1161, as amended, otherwise known as the
social security law, “Every pregnant employee in the private sector, whether married or
unmarried, is entitled to maternity leave benefit of sixty (60) days in case of normal delivery or
miscarriage, or seventy-eight (78) days, in case of Caesarian section delivery, with benefits
equivalent to one hundred percent (100%) of the average daily salary credit of the employee as
defined under the law. To be entitled to the maternity leave benefit, a female employee should
be an SSS member employed at the time of her delivery or miscarriage; she must have given the
required notification to the SSS through her employer; and her employer must have paid at least
three monthly contributions to the SSS within the twelve -month period immediately before the
date of the contingency.”

On the other hand, Ben is not entitled to Paternity leave. According to Republic Act No.
8187, Paternity Leave Act of 1996, every married male employee in the private and public
sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4)
deliveries of the legitimate spouse with whom he is cohabiting.

The paternity leave applies to men who are employed in the government and private companies
as long as he meets the following criteria:

1. He has to be legally married to his wife.


2. He and his wife is living under one roof. The law explicitly says they need to be
cohabitating to avail of the benefit.
3. His wife is giving birth or had suffered a miscarriage.
4. He and his wife are welcoming their first, second, third, or fourth child, or his wife has
not had a miscarriage more than four times. Similar to the maternity leave benefit,
paternity leave is only provided for the first four pregnancies or miscarriages.
5. He has notified his employers of his wife's pregnancy, as soon as he learns that his

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spouse is pregnant or within a reasonable period before she's due to deliver the child.
(This condition does not apply in cases of miscarriage.)