QuestionsQuestions (Republic Act No. 11861)
RA No. 11861 is the “Expanded Solo Parents Welfare Act.” It amends Republic Act No. 8972.
The State aims to support the natural and primary rights and duty of solo parents in rearing children by providing basic needs and extending social service and welfare benefits to uplift their status and circumstances.
It refers to children dependent on the solo parent who are unmarried, unemployed, and 22 years old or below, or those over 22 but unable to protect themselves due to physical or mental disability/condition. The definition applies only for availing benefits under the Act.
It refers to leave benefits granted to a solo parent to enable performance of parental duties and responsibilities where physical presence is required or beneficial to the child.
The Act includes, among others: (1) a parent providing sole care due to rape-birth (even without final conviction), death, detention/criminal conviction for at least 3 months, physical/mental incapacity, legal or de facto separation for at least 6 months with sole care entrusted, nullity/annulment or divorce (subject to law) with sole care, or abandonment for at least 6 months; (2) spouse/family/guardian of an OFW (low/semi-skilled) away for uninterrupted 12 months; (3) unmarried mother or father keeping and rearing the child; (4) legal guardian/adoptive/foster parent who solely provides care and support; (5) certain relatives within the 4th civil degree who assume parental care due to absence/death/disappearance of parents/solo parent for at least 6 months (including solo grandparents as senior citizens with corresponding benefits); and (6) a pregnant woman providing sole parental care and support to the unborn child/children.
A mother may be considered a solo parent “even without final conviction,” provided she has the sole parental care and support of the child/children.
No employer shall discriminate against a solo parent employee regarding terms and conditions of employment on account of status. Employers may offer telecommuting programs, but solo parent employees must be given priority by the employer.
A forfeitable and noncumulative parental leave of not more than 7 working days with pay every year, granted to any solo parent employee (regardless of employment status) who has rendered service of at least 6 months.
DepEd, CHED, and TESDA must provide scholarship programs for solo parents and a full scholarship for one (1) child of a solo parent in basic, higher, and technical/vocational institutions—subject to qualifications under the specific scholarship program.
The DOLE and CSC shall promote and encourage establishing appropriate child minding centers within workplaces or in accessible locations to workplaces or residences of solo parents.
When the solo parent is earning a minimum wage and below, and based on allocation by the concerned city or municipal government, subject to the Act’s conditions (not receiving other cash assistance/subsidy from other government programs, with continued eligibility for senior citizen/PWD benefits as applicable).
DOLE and CSC are to continue encouraging working solo mothers, consistent with RA 10028 (Expanded Breastfeeding Promotion Act of 2009), to practice breastfeeding in the workplace.
During disasters, calamities, pandemics, or public health crises declared by the DOH, solo parents and their children are entitled to social safety assistance such as food, medicines, and financial aid for domicile repair in the LGU where they reside, subject to DSWD guidelines; LGUs must include budget in calamity funds.
Only a solo parent exercising sole parental care and support of the child/children is entitled to claim benefits. Also, benefits are ineligible when a solo parent ceases to be such due to change of status/circumstances.
The SPO (province/city) or SPD (municipality) reviews and verifies complete documents and issues SPIC/booklet within 7 working days; disputes are resolved within 5 working days. The SPIC and booklet are valid for one (1) year.
For first violation: fine of P10,000 to P50,000 or imprisonment of 6 months to 1 year, or both. For subsequent violations: fine of P100,000 to P200,000 or imprisonment of 1 to 2 years, or both. Corporate offenders may lead to liability of officials/employees who directly participated; authorities may also cancel/revoke permits. Higher penalties under other laws may still apply.