Question & AnswerQ&A (DOLE)
Paternity Leave refers to the leave credits granted to a married male employee to earn compensation for seven (7) working days without reporting for work, provided his spouse has delivered a child, had a miscarriage or abortion, to support his wife during her recovery or nursing period.
Every married male employee in the private sector is entitled to paternity leave benefits of seven (7) working days with full pay for the first four (4) deliveries by his lawful spouse.
The employee must be married, employed at the time of delivery, have notified his employer of his wife's pregnancy and expected delivery date, and his wife must have given birth, suffered miscarriage, or abortion.
The married male employee must inform his employer as soon as he learns of the pregnancy, submit a completed Paternity Notification Form, and provide a copy of the marriage contract or proof of marriage. Notification is not required for miscarriage or abortion cases.
The paternity leave shall be availed not later than sixty (60) days after the date of delivery.
Seven (7) working days with pay, which includes basic salary, all allowances, and other monetary benefits.
No, the paternity leave benefit is not convertible to cash if not availed.
A fine not exceeding twenty-five thousand pesos (P25,000) or imprisonment of not less than thirty (30) days nor more than six (6) months. For entities, responsible officers may be imprisoned.
Cohabiting refers to the obligation of the husband and wife to live together.
No, there is a non-diminution clause which states that nothing in these Rules shall be construed to reduce or replace existing benefits granted by laws, agreements, or policies.