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.
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

1 comment:

  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

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