Question & AnswerQ&A (Republic Act No. 8187)
The short title of Republic Act No. 8187 is the "Paternity Leave Act of 1996."
Every married male employee in the private and public sectors whose legitimate spouse, with whom he is cohabiting, has delivered a child or suffered a miscarriage is entitled to paternity leave under this Act.
The law grants seven (7) days of paternity leave with full pay.
Paternity leave is granted for the first four (4) deliveries of the legitimate spouse.
Delivery includes childbirth or any miscarriage.
The male employee must notify his employer of the pregnancy of his legitimate spouse and the expected date of delivery.
The purpose of the paternity leave is to enable the married male employee to effectively lend support to his wife during her period of recovery and/or in nursing the newly-born child.
The Secretary of Labor and Employment, the Chairman of the Civil Service Commission, and the Secretary of Health are responsible for issuing the implementing rules and regulations within thirty (30) days from the effectivity of this Act.
Any person, corporation, trust, firm, partnership, association, or entity found violating this Act shall be punished by 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.
The penalty of imprisonment shall be imposed on the entity's responsible officers, including but not limited to, the president, vice-president, chief executive officer, general manager, managing director, or partner directly responsible for the violation.
No, the Act contains a nondiminution clause which states that nothing in the Act shall be construed to reduce any existing benefits granted under existing laws, contracts, agreements, or policies between employer and employee.
The Act took effect fifteen (15) days after its publication in the Official Gazette or at least two (2) newspapers of national circulation.
No, only married male employees with a legitimate spouse with whom they are cohabiting are entitled to paternity leave under the Act.
No, the paternity leave benefit is limited to the first four deliveries only.