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.

Policy and scope of entitlement

  • Section 2 grants every married male employee in the private and public sectors entitlement to paternity leave of seven (7) days with full pay.
  • Section 2 limits entitlement to the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
  • Section 2 requires the male employee applying for paternity leave to notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.
  • Section 2 treats delivery as including childbirth or any miscarriage.

Definition of paternity leave

  • Section 3 defines “Paternity Leave” as benefits that allow a married male employee not to report for work for seven (7) days while continuing to earn compensation.
  • Section 3 conditions the entitlement on the spouse’s delivery of a child or suffering a miscarriage.
  • Section 3 ties the leave to enabling the employee to effectively lend support to his wife during her period of recovery and/or in the nursing of the newly-born child.
  • Section 3 fixes the compensation component as continuing to earn the compensation therefor during the seven (7) days of absence.

Mandatory implementation rules

  • Section 4 directs the Secretary of Labor and Employment, the Chairman of the Civil Service Commission, and the Secretary of Health to issue rules and regulations for proper implementation.
  • Section 4 sets the issuance deadline at within thirty (30) days from the effectivity of Republic Act No. 8187.
  • Section 4 requires the rules and regulations to address implementation of the Act’s provisions.

Employer notification and qualifying events

  • Section 2 requires the male employee to notify the employer of the pregnancy of the legitimate spouse.
  • Section 2 requires the same notice to include the expected date of delivery.
  • Section 2 allows coverage of childbirth and any miscarriage under the term delivery for purposes of the Act.
  • Section 2 bases the leave on the spouse’s events for purposes of enabling the employee to provide support during the wife’s recovery and/or the nursing of the newly-born child.

Nondiminution of benefits

  • Section 6 states that nothing in the Act reduces any existing benefits granted under existing laws, decrees, executive orders, or any contract, agreement, or policy between employer and employee.

Penalties and who is liable

  • Section 5 punishes any person, corporation, trust, firm, partnership, association or entity found violating Republic Act No. 8187 or the rules and regulations promulgated under it.
  • Section 5 imposes 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.
  • Section 5 provides that if the violator is a corporation, trust or firm, partnership, association or any other entity, imprisonment is imposed on the entity’s responsible officers.
  • Section 5 identifies responsible officers as including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible for the violation.

Repeal of inconsistent laws

  • Section 7 repeals or modifies accordingly all laws, ordinances, rules, regulations, issuances, or parts thereof that are inconsistent with Republic Act No. 8187.

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