Law Summary
Coverage
- Applies to every married male employee in the private sector.
- Entitles the employee to seven (7) working days of paternity leave with full pay.
- Coverage is limited to the first four (4) deliveries by the lawful spouse.
- Separate rules for public sector employees promulgated by the Civil Service Commission.
Conditions for Entitlement
- The employee must be employed at the time of delivery.
- He must notify the employer of the wife’s pregnancy and expected delivery date.
- The wife must have given birth, or suffered miscarriage or abortion.
Notification Requirements
- Employee must inform employer upon learning of the pregnancy within a reasonable time.
- Submit a Paternity Notification Form and marriage proof (marriage contract or equivalent).
- Notification requirement does not apply to miscarriage or abortion cases.
- After availing of benefits, employee must submit a copy of birth certificate or death/medical certificate from a qualified medical practitioner.
Availment of Leave
- Leave can be taken before, during, or after delivery.
- Total leave per delivery is seven (7) working days.
- Leave must be availed of within sixty (60) days from delivery date.
Benefits
- Full payment for seven (7) working days leave.
- Benefits include basic salary, allowances, and other monetary benefits.
Non-Conversion of Benefits
- Paternity leave not availed cannot be converted to cash or other forms.
Penalties for Violation
- Fines up to Twenty-Five Thousand Pesos (₱25,000) or imprisonment from 30 days to 6 months.
- For corporate or organizational violators, responsible officers (e.g., president, CEO) are subject to penalties.
Non-Diminution Clause
- The law does not reduce or replace existing benefits granted under any law, contract, agreement, or policy.
Repealing Clause
- Any inconsistent laws, ordinances, rules, or issuances are repealed or modified accordingly.
Separability Clause
- If any provision is declared void or unconstitutional, other provisions remain valid and effective.
Effectivity
- The Implementing Rules and Regulations take retroactive effect from July 5, 1996, the effective date of Republic Act No. 8187.