QuestionsQuestions (Republic Act No. 11861)
RA 11861 is the “Expanded Solo Parents Welfare Act.” It amends Republic Act No. 8972, which provides benefits and privileges to solo parents and their children.
The State shall promote a social order that addresses poverty and ensures social justice, including supporting solo parents in rearing children by providing basic needs and social welfare benefits, consistent with national laws and international agreements on families.
They are those living with and dependent upon the solo parent, unmarried and unemployed and 22 years old or below; also those over 22 but unable to fully care for themselves due to physical or mental disability or condition—this definition applies only for availing benefits under the Act.
It is a work arrangement that allows a solo parent employee to vary arrival and departure times without affecting the core work hours as defined by the employer.
Parental leave is leave granted to a solo parent to perform parental duties where physical presence is required or beneficial. Under the Act, a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year is granted to a qualified solo parent employee.
Solo parents include: (a) a parent providing sole parental care due to specified circumstances (e.g., rape as consequence of birth, death, detention/criminal conviction, incapacity, legal/de facto separation for at least six months, nullity/annulment/divorce with sole parental care, abandonment for at least six months); (b) spouse/family/guardian of an OFW under specified conditions (low/semi-skilled and away for uninterrupted 12 months); (c) unmarried mother/father keeping and rearing the child; (d) legal guardian/adoptive/foster parent with sole parental care; (e) relatives within the 4th civil degree assuming parental care due to parents’ death/abandonment/disappearance/absence for at least six months (including solo grandparents meeting conditions); and (f) a pregnant woman providing sole parental care/support to the unborn child.
The mother must have the sole parental care and support of the child/children. The Act allows consideration of this category even without final conviction, provided the mother’s sole parental care/support condition is met.
The OFW must belong to the low/semi-skilled worker category and be away from the Philippines for an uninterrupted period of twelve (12) months.
No employer shall discriminate against a solo parent employee as to terms and conditions of employment because of solo parent status. Employers may enter telecommuting agreements (per RA 11165) and solo parents must be given priority by the employer.
DepEd, CHED, and TESDA provide scholarship programs for solo parents and a full scholarship for one (1) child of a solo parent. Recipients must be qualified under the scholarship program and the children must be dependent on the solo parent, unmarried, unemployed, and 22 years old or below.
DOLE and CSC shall promote and encourage establishment of appropriate child minding centers within workplaces or accessible locations to the workplace or residence of the solo parent.
DOLE and CSC shall continue to encourage working mothers who are solo parents to practice breastfeeding in the workplace, in keeping with RA 10028.
They are entitled to social safety assistance such as food, medicines, and financial aid for domicile repair in the LGUs where they reside, subject to DSWD guidelines; LGUs must include the budget for this assistance in their calamity funds.
Includes: (a) means/pension/subsidy-tested monthly cash subsidy of P1,000 per month per solo parent earning minimum wage and below (LGU-allocated, with conditions such as not receiving other cash assistance from other government programs); (b) 10% discount and VAT exemption on specific baby/health items for solo parents earning less than P250,000 annually; (c) automatic NHIP coverage with premiums shared by employees and the National Government; (d) prioritization in TESDA/education/livelihood/employment programs; and (e) prioritization in government low-cost housing projects with liberal payment terms.
Only a solo parent exercising sole parental care and support may claim benefits. A solo parent does not lose status if the other parent provides occasional assistance/seasonal gifts that do not meet legal support requirements, and absence of a valid marriage alone does not automatically entitle either parent if parental care/support is shared. If the person ceases to meet the solo parent status due to change of circumstances, they become ineligible.
There shall be an SPO in every province/city and an SPD under the MSWDO in every municipality. SPO head must be a licensed social worker; SPD head must have a bachelor’s degree. They must have permanent positions with specified salary grades and are appointed by the governor/mayor.
For first violation: fine of not less than P10,000 but not more than P50,000 or imprisonment of not less than 6 months but not more than 1 year, or both. For subsequent violations: fine of P100,000 to P200,000 or imprisonment of 1 to 2 years, or both. If offender is a corporation, officials/employees directly participating may be held liable; authorities may also cancel/revoke business permits.