Title
Paternity leave rights for married male employees
Law
Republic Act No. 8187
Decision Date
Jun 11, 1996
The Paternity Leave Act of 1996 grants married male employees in the Philippines a seven-day leave with full pay to support their wives during childbirth or miscarriage, with penalties for violations and a non-diminution clause to protect existing benefits.

Questions (Republic Act No. 8187)

RA 8187 is known as the “Paternity Leave Act of 1996.”

Every married male employee in both the private and public sectors.

Seven (7) days with full pay.

For the first four (4) deliveries of the legitimate spouse.

The spouse must be the “legitimate spouse” with whom the male employee is cohabiting.

He must notify his employer of the pregnancy of his legitimate spouse and the expected date of delivery.

No. For purposes of the Act, “delivery” includes childbirth or any miscarriage.

It is the benefit allowing the married male employee not to report for work for seven (7) days but continues to earn compensation, conditioned on the spouse’s delivery or miscarriage, so he can support his wife during recovery and/or nursing of the newly-born child.

To enable the male employee to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

A fine not exceeding P25,000 or imprisonment of not less than 30 days nor more than 6 months.

The penalty of imprisonment shall be imposed on the entity’s responsible officers, including but not limited to specified corporate positions, directly responsible for the violation.

No. It contains a nondiminution clause: nothing in the Act shall be construed to reduce existing benefits granted under laws, decrees, executive orders, or under contracts, agreements, or policies between employer and employee.

They are repealed or modified accordingly under the repealing clause.

Fifteen (15) days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation.

It is available for the first four (4) deliveries, and “delivery” includes both childbirth and miscarriage; however, the entitlement is limited to those first four deliveries/miscarriages.


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