Title
Supreme Court
PNP Guidelines on Solo Parent Parental Leave
Law
Pnp Circular No. 2004-003
Decision Date
Aug 15, 2004
CSC Resolution No. 040284 grants parental leave to solo parents in the government service, providing guidelines for eligibility, duration, and application process, with the aim of supporting solo parents in fulfilling their parental duties.

Law Summary

Objectives

  • Identify PNP personnel considered solo parents
  • Clarify scope and conditions for parental leave grants
  • Provide uniform interpretation and implementation rules for parental leave

Definition of Key Terms

  • Children: Unmarried, unemployed dependents under 18, or older but incapable of self-support or mentally/physically challenged
  • Family: PNP solo parent and their children, family, or relatives up to fourth civil degree
  • Parental Leave: Leave granted for solo parents needing physical presence to perform parental duties
  • Parental Responsibility: Includes support, education, moral guidance, discipline, and legal representation of minor children in accordance with Article 220 of the Family Code

Coverage - Who May Be Considered Solo Parents

  • Women giving birth from rape or crimes against chastity who keep the child
  • Parents left alone due to:
    1. Death of spouse
    2. Spouse's detention for at least one year
    3. Physical or mental incapacity of spouse certified by a public medical practitioner
    4. Legal or de facto separation for at least one year with child custody
    5. Nullity or annulment of marriage with child custody
    6. Spouse abandonment for at least one year
  • Unmarried persons choosing to keep and rear their children
  • Licensed foster parents or court-appointed legal guardians providing sole parental care
  • Family members acting as head of family due to death, abandonment, disappearance, or prolonged absence of parents or solo parent for at least one year

Conditions for Availing Parental Leave

  • Minimum of one year of service in PNP, continuous or broken
  • Seven days of parental leave granted annually in addition to existing leave benefits
  • Leave not convertible to cash and forfeited if unused within the calendar year
  • May be taken continuously or staggered with prior approval and one-week notice, except emergencies
  • Leave may be used for:
    1. Personal milestones (birthdays, graduations, etc.)
    2. Parental obligations like school enrollment and PTA meetings
    3. Medical, social, spiritual, and recreational needs of the child
    4. Other relevant parental duties requiring physical presence

Termination of Parental Leave Privileges

  • Termination if solo parent marries or is no longer left alone in parental responsibilities
  • Head of office/unit may investigate and decide on appropriateness of leave grant or termination
  • Reapplication possible if circumstances change

Procedures in Availing Parental Leave

  • Obtain a Solo Parent Identification Card from the City/Municipal Social Welfare and Development Office, valid for one year and renewable
  • Submit completed application form (CS Form No. 6) with supporting documents:
    • Solo Parent ID
    • Child's birth certificate
    • Other documents like medical certificates as needed

Responsibilities and Obligations

  • Solo Parent must submit complete application and supporting documents
  • Immediate Supervisor/Division Chief to recommend approval or disapproval based on documents
  • Approval mandatory unless PNP exigency demands otherwise
  • Personnel/Admin Officer to:
    1. Evaluate and verify applications
    2. Monitor solo parent status and investigate as needed
    3. Ensure guideline enforcement
    4. Record parental leave usage

Penal Clause

  • Falsification or misrepresentation in application leads to administrative liability and potential criminal liability

Effectivity

  • Circular effective 15 days after filing with the University of the Philippines Law Center
  • Compliant with relevant provisions of the Revised Administrative Code of 1987

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.