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.

Law Summary

Definition of Paternity Leave

  • Paternity leave allows a married male employee to be absent from work for seven (7) days without loss of pay.
  • Purpose is to enable the employee to support his wife during recovery or nursing of the child after delivery or miscarriage.

Implementing Authorities and Regulations

  • The Secretary of Labor and Employment, the Chairman of the Civil Service Commission, and the Secretary of Health are responsible for issuing rules and regulations.
  • Such regulations must be issued within thirty (30) days from the effectivity of the Act.

Penalties for Violations

  • Violators may be fined up to Twenty-five thousand pesos (P25,000).
  • Imprisonment from thirty (30) days to six (6) months may be imposed.
  • If the offender is a corporation or entity, penalties apply to responsible officers such as president, CEO, general manager, and partners directly responsible.

Protection of Existing Benefits (Nondiminution Clause)

  • The Act shall not reduce any existing benefits under laws, agreements, contracts, or policies.
  • Ensures that paternity leave benefits are in addition to any existing employee benefits.

Repealing Clause

  • All laws, ordinances, rules, regulations, issuances, or parts inconsistent with the Act are repealed or modified accordingly.

Effectivity

  • The Act takes effect fifteen (15) days after its publication in the Official Gazette or in at least two national newspapers.

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