Legal basis and referenced issuances
- The circular implements the parental leave provisions under Republic Act No. 8972, otherwise known as the Solo Parents’ Welfare Act of 2000.
- It also references Civil Service Commission Resolution No. 040284 dated March 22, 2004.
- It defines parental responsibility by reference to Article 220 of Executive Order No. 209, as amended, otherwise known as the Family Code of the Philippines.
Objectives of the circular
- The circular identifies PNP personnel considered as solo parents who may avail of parental leave.
- It clarifies the scope and conditions for granting parental leave to covered PNP personnel.
- It establishes uniform interpretation and implementation of rules on parental leave for PNP personnel.
Definitions: core terms used
- Children are those living with and dependent for support by the solo parent who are unmarried, unemployed, and below eighteen (18) years of age, or eighteen (18) years and above but incapable of self-support and/or mentally and/or physically challenged.
- Family refers to a PNP Solo Parent and his/her child/children and family members or relatives by consanguinity up to the fourth civil degree.
- Parental Leave means leave benefits granted for a solo parent to perform parental duties and responsibilities where physical presence is required.
- Parental Responsibility (for minor children) refers to the rights and duties of parents under Article 220 of the Family Code, enumerated as duties including:
- to keep children in the company, support, educate, instruct, and provide for upbringing;
- to give love and affection, advice, counsel, companionship, and understanding;
- to provide moral and spiritual guidance and inculcate values and civic compliance;
- to furnish educational materials, supervise activities and recreation, protect from bad company, and prevent harmful habits;
- to represent children in matters affecting their interests;
- to demand respect and obedience;
- to impose discipline as required by circumstances; and
- to perform other duties imposed by law upon parents and guardians.
Coverage: who qualifies as a solo parent
- The circular covers any PNP personnel who falls under the following categories as a solo parent for availment of parental leave.
- A woman who gives birth as a result of rape and other crimes against chastity, even without a final conviction, is covered provided the mother keeps and raises the child.
- A parent is covered when left solo or alone with the responsibility of parenthood due to any of the following:
- death of spouse;
- detention of the spouse or serving sentence for a criminal conviction for at least one (1) year;
- physical/mental incapacity of spouse certified by a public medical practitioner;
- legal separation or de facto separation from spouse for at least one (1) year, with custody of the children;
- declaration of nullity or annulment of marriage decreed by a court or by a church, with custody of the children; or
- abandonment of spouse for at least one (1) year.
- An unmarried person who prefers to keep and rear the children instead of having others care for them or giving them up to a welfare institution is covered.
- Any other person who solely provides parental care and support is covered if duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court.
- Any family member who assumes responsibility of head of family because of death, abandonment, disappearance, or prolonged absence of the parents or solo parent is covered provided the abandonment, disappearance, or absence lasts for at least one (1) year.
Conditions for parental leave grant
- A PNP solo parent receives parental leave of seven (7) days, in addition to existing leave privileges.
- The PNP solo parent must have rendered service in the PNP, whether continuous or broken, for at least one (1) year, regardless of employment status.
- The parental leave must be availed of every year and is not convertible to cash.
- If not availed within the calendar year, the privilege is forfeited within the same year.
- Parental leave may be availed on a staggered or continuous basis, subject to approval of the head office/unit.
- The PNP solo parent must submit the application at least one (1) week prior to availment, except in emergency cases.
- Parental leave may be availed for circumstances including:
- attending to a child’s personal milestone (birthdays, first communion, graduations, and similar events);
- performing parental obligations such as enrollment and attendance in school programs, and attending PTA meetings and similar activities;
- attending to the child’s medical, social, spiritual, and recreational needs; and
- other similar circumstances necessary to parental duties and responsibilities where physical presence of a parent is required.
Termination of parental leave privileges
- Changes in the solo parent’s status and family situation, such as marriage of the concerned parent who is no longer left alone with responsibility of parenthood, lead to termination of parental leave privileges.
- Termination is without prejudice to re-application if circumstances warrant.
- The head of the concerned office/unit determines whether granting of parental leave is proper or may conduct investigation to determine if grounds for termination and withdrawal exist.
Procedures and responsibilities in availing
- The PNP solo parent must secure a Solo Parent Identification Card from the City/Municipal Social Welfare and Development Office.
- The Solo Parent Identification Card is valid for one (1) year from issuance and is renewable yearly.
- Failure to renew the Solo Parent Identification Card results in the status as a solo parent ceasing or changing.
- The PNP solo parent must submit an accomplished application form (CS Form No. 6).
- The application must be supported with certified true copies of the Solo Parent ID and the birth certificate of the child/children or other requirements such as a medical certificate, if necessary.
- The immediate supervisor/division chief recommends approval or disapproval based on the supporting documents submitted.
- Approval of parental leave applications submitted in accordance with the rules is mandatory, except when exigency in the PNP service demands; the determination of exigency is discretionary on the part of the approving authority based on standard assessment of prevailing situation.
- Personnel assigned as the Personnel/Admin Officer must:
- evaluate the application;
- verify authenticity of submitted documents;
- monitor the status of the solo parent and conduct necessary investigation for possible grounds for termination and withdrawal;
- ensure proper implementation of the guidelines; and
- record availment of parental leave.
Penalties for misrepresentation
- Falsification of supporting documents or any misrepresentation in the parental leave application renders the PNP solo parent administratively liable.
- Administrative liability is without prejudice to criminal liability.
Repeal, separability, and transitory rules
- No repealing clause, separability clause, or sunset clause is provided in this circular.