Paternity Leave Benefits for Married Male Employees

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, subject to the rules’ conditions.
The paternity leave rules for the public sector are to be promulgated by the Civil Service Commission.
Paternity leave benefits cover childbirth, miscarriage, or abortion through the rules’ definitions of Delivery and Paternity Leave.
Entitlement is tied to the employee’s status and timing rules under the conditions for entitlement.

“Paternity Leave” refers to leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, when his spouse has delivered a child or had a miscarriage or an abortion to support his wife during recovery and/or nursing of the newly born child.
“Employee” refers to any person who performs services for an employer and receives compensation therefor, provided an employer-employee relationship exists.
“Delivery” refers to childbirth, miscarriage, or abortion.
“Spouse” refers to the lawful wife, meaning a woman legally married to the male employee.
“Cohabiting” refers to the obligation of husband and wife to live together.

A married male employee is entitled to paternity benefits if he is employed at the time of delivery of his child.
A married male employee is entitled to paternity benefits if he notified his employer of the pregnancy of his wife and her expected date of delivery, subject to the notification rules.
A married male employee is entitled to paternity benefits if his wife has given birth, suffered a miscarriage, or had an abortion.
The paternity benefits may be enjoyed before, during, or after the delivery.
The employee’s total paternity leave per delivery is limited to seven (7) working days, and the benefit must be availed not later than sixty (60) days after the date of delivery.

As soon as the married male employee learns his spouse is pregnant, he must inform the employer of the pregnancy and the expected date of delivery within a reasonable period of time.
The employee must accomplish a Paternity Notification Form provided by the employer and submit it to the employer together with a copy of the marriage contract, or any proof of marriage where the marriage contract is not applicable.
The notification requirement does not apply in cases of miscarriage or abortion.
After availing paternity benefits, the employee must submit a copy of the birth certificate of the newly born child, death certificate, or medical certificate in cases of miscarriage or abortion, signed by the attending physician or midwife, showing the actual date of childbirth, miscarriage, or abortion, within a reasonable period of time.

The employee is entitled to seven (7) working days of paternity leave with pay.
The paid paternity leave consists of the employee’s basic salary, all allowances, and other monetary benefits.
If the paternity leave benefit is not availed, it shall not be convertible to cash.

Any person or entity found violating any provision of the rules is penalized 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.
If the violation is committed by a corporation, trust, firm, partnership, association, or other entity, the imprisonment is imposed on the entity’s responsible officers.
Responsible officers include, among others, the president, vice-president, chief executive officer, general manager, managing director, or partner directly responsible for the violation.

The rules include a non-diminution clause: nothing in the rules reduces or replaces existing benefits granted under existing laws, decrees, executive orders, or under any contract, agreement, or policy between employer and employee.
Inconsistent laws, ordinances, rules, regulations, issuances, or parts thereof are deemed repealed or modified accordingly.
If any provision of the rules is declared void or unconstitutional, the remaining provisions continue to be valid and effective.