QuestionsQuestions (DOLE)
It is based on Republic Act (RA) No. 8187, and the text provides the Implementing Rules and Regulations (IRR) for the private sector.
Seven (7) working days with full pay are granted, limited to the first four (4) deliveries of the employee’s lawful spouse.
The entitlement described in the IRR covers married male employees in the private sector who have an employer-employee relationship and receive compensation.
“Paternity leave” refers to leave credits allowing a married male employee to earn compensation for seven (7) working days without reporting for work to support his wife during her recovery and/or the nursing of the newly born child.
“Delivery” includes childbirth, miscarriage, or abortion.
The “spouse” is the lawful wife—i.e., the woman legally married to the male employee.
The IRR defines “cohabiting” as the obligation of husband and wife to live together; however, the entitlement is specifically for the spouse who is the lawful wife.
(1) The employee is employed at the time of delivery; (2) he notified the employer of the pregnancy and expected date of delivery, subject to the rules; and (3) his wife has given birth, suffered a miscarriage, or had an abortion.
As soon as he learns of the pregnancy, within a reasonable period of time, he must inform the employer and accomplish a Paternity Notification Form, submitting it along with a copy of his marriage contract or proof of marriage.
No. The notification requirement does not apply in cases of miscarriage or abortion.
Within a reasonable period, he must submit a copy of the birth certificate, death certificate, or medical certificate for miscarriage or abortion, duly signed by the attending physician or midwife showing the actual date.
Yes. It may be enjoyed before, during, or after delivery, but the total number of days per delivery cannot exceed seven (7) working days, and it must be availed no later than sixty (60) days from the delivery date.
Seven (7) working days with pay consisting of basic salary, all allowances, and other monetary benefits.
No. The benefit cannot be converted to cash if not availed.
A fine not exceeding P25,000 or imprisonment of not less than 30 days nor more than 6 months. If committed by an entity, imprisonment is imposed on responsible officers directly responsible (e.g., president, vice-president, CEO, general manager, managing director, or partner).
No. The non-diminution clause provides that the IRR cannot reduce or replace existing benefits under laws, decrees, executive orders, or contracts/policies.
It has retroactive effect on July 5, 1996, when RA 8187 became effective, despite adoption on August 5, 1996.