3/27/2017

Can an Unmarried Father Avail of Paternity Leave?

By

Can I avail of Paternity Leave even if I am not married to my partner who is giving birth to our child soon?

NO.

The Paternity Leave Act of 1996 (RA 8187) specifically states "MARRIED MALE EMPLOYEES."

This is the heading of the Paternity Leave Act:

REPUBLIC ACT 8187

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES.

To avail of the paid seven-day paternity leave, the male employee should:
  • be legally married to his wife (the woman who has given birth to their child or has miscarried).
  • be living together with his wife at the time of his child's birth or miscarriage.
  • be an employee at the time of his child's birth or miscarriage.
  • have applied for paternity leave with his employer for a reasonable period of time prior to his child's delivery In case of miscarriage, prior leave application is not required.

There's hope for another paternity leave! 

But as of today, June 1, 2017, this bill has not yet been passed by the House and not yet signed by the President. Senate pa lang ang nag-pass nitong bill.

There is a Paternity Leave Proposal included in the Senate Bill No. 1305, called Expanded Maternity Leave Law of 2017:

SEC. 6. Allocation of Maternity Leave Credits. - Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to thirty (30) days of said benefits to the child’s father, whether or not the same is married to the female worker: Provided, That, in the death, absence or incapacity of the former, the benefit may be allocated to an alternative caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That, written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, finally. That, this benefit is over and above that which is provided under Republic Act No. 8187, or the Paternity Leave Act of 1996.

Sources:
  • Chan Robles Virtual Law Library. Paternity Leave Act of 1996 - Republic Act No. 8187. http://www.chanrobles.com/legal4paternity.htm#.WNjfQ9J97cs
  • Department of Labor and Employment. Recognize paternity leave of male married workers, Baldoz reminds employers. November 4, 2015. https://www.dole.gov.ph/news/view/2965
  • International Labour Organization. Republic Act No. 8187. http://www.ilo.org/dyn/travail/docs/1206/Republic%20Act%20No%208187%20-%20Paternity%20Leave%20Act%20of%201996.pdf
  • Senate of the Philippines, 17th Congress. Expanded Maternity Leave Law of 2017. http://www.senate.gov.ph/lis/bill_res.aspx?congress=17&q=SBN-1305

14 comments:

  1. Hindi pa pala na approve yung batas na pinasa ni Sen. Hontiveros regarding those unmarried couples/father filing for paternal leave? nakaka dismaya po naman. so sad, such a descrimination. :(

    ReplyDelete
    Replies
    1. Yes, you're right. Hindi pa na-approve yong Expanded Maternity Leave Law na kung saan meron ditong proposed paternity leave na up to 30 days that can be allotted by the female partner (deduction sa 120-days leave ng female partner). The Senate has passed it, but it has not yet been passed by the House, and not yet signed by the President.
      Yong paternity leave na ito will be in addition to the leave mandated by Paternity Leave Act of 1996.

      Delete
    2. hi po 4months na pong buntis young asawa ko 1year na po syang d naka remit sa sss..makaka avail parin ba sya ng maternity leave if ever mag apply sya..? thanks po for answering

      Delete
    3. SSS Maternity Leave: Kung Oct manganganak ang wife mo, meron dapat siyang nabayaran na at least 3 months within Oct 2016 to Sep 2017. Mas maganda kung merong 6 months. Puede pa siyang magbayad ng April May June (dapat the whole quarter) this June. Mag-file ng notification ASAP.
      Enroll in SSS online service

      Delete
  2. Approved na po ba ang expanded maternity leave law? Thanks

    ReplyDelete
  3. So hnd pa po pla na approved ung paternity leave for unnarried male?

    ReplyDelete
  4. Hi. May sample case po ba tau or clear reference on paternity leave for muslim husbands?

    ReplyDelete
  5. This comment has been removed by the author.

    ReplyDelete
  6. Ang misis ko mga almost 3yrs n d nkahulog sa ss simula po nang natigil siyang magtrabho tpos nabuntis at nanganak pwd po b siyang mgclaim sa sss

    ReplyDelete
  7. Hi, just wanna ask kung qualified ako sa SSS maternity benefit, naemployed ako Last May 2017 then ang expected due date ko is April, 2018. makakakuha po ba ako ng sss maternity benefit? hindi po kasi ma explain saakin mabuti ng sss ung tanong ko about jan. Salamat po!

    ReplyDelete
  8. Hi Haydee: Tuluy-tuloy ba ang work mo this 2017? Merong ka na bang 3 SSS contributions? If meron nang 3, yes, qualified ka for SSS maternity benefit. 3 lang ang minimum requirement, pero SSS will consider your 6 highest contributions within this year 2017 to compute your benefit.

    ReplyDelete
    Replies
    1. File your notification asap, through your employer. puedeng online or puedeng via paper form.

      Delete
    2. hi maam Nora, yes po tuloy tuloy po ang work ko hanggang sa makpag file ako ng leave by next year kasi regular naman po ako. bali nung naemployed po ako ng May, 2017 hinulugan na ni Employer yung SSS ko.

      Delete
    3. nakapag file na din po si employer ng maternity notif ko thru online, mag increase din po ang salary ko kya magtataas ang contributions ko. mas malaki po kaya makuha ko?

      Delete

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