Philippine Legal CounselingLegal tips and updates for everyday living by Atty. Christine Florido

Rules on Paternity Leave (RA 8187)Male employees in the private sector are entitled to a paternity leave under the following conditions:

The new father must be legally married to the mother of the newborn child

He is an employee at the time of birth or miscarriage

He is cohabiting with his wife at the time she gives birth or su嬉兮ers a miscarriage

He has applied for paternity leave within a reasonable time from the expected date of delivery of

his pregnant wife or within such period as provided by company rules or by collective bargaining

agreement

His wife has given birth or su嬉兮ered a miscarriage

Non conversion to cash: If the employee does not avail of the paternity leave, this beneꆦ귝t is not

convertible to cash nor is it cumulative.

Usage AFTER delivery: While application of paternity leave must be made before the delivery, it can

only be used AFTER the delivery of the child, unless company rules allow prior usage.

Duration of paternity leave: 7 Calendar days with full pay, consisting of basic pay and mandatory

allowances.

Limits: This beneꆦ귝t is applicable to the ꆦ귝rst four (4) deliveries of the spouse of the employee with

whom he is cohabiting.

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This entry was posted in Labor Law, Leaves and Holidays and tagged paternity leave, paternity leave

labor philippines, paternity leave philippines on :-)

[https://legalcounseling.wordpress.com/2010/10/03/rules-on-paternity-leave-ra-8187/] .

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45 thoughts on “Rules on Paternity Leave (RA 8187)”

this would address only married fathers – would be a discrimination against unmarried fathers to be –

what if they prioritize the well being of the baby before thinking about the marriage? what if they don’t

believe in the sanctity of marriage? or what if the child has a father who can’t be married again for the

father has been married once? —female can acquire maternity leave even unwed why can’t male do so?

— separated dad

Separated dad:

Because the law presumes that the illegitimate child is under the sole custody of the mother and that

the father is not living with the mother. The rationale is di嬉兮erent for the mother who is granted

maternity leave because regardless of her civil status, a mother who has just given birth needs the

same amount of care and rest to heal and get well. Husbands are allowed paternity leave so that they

can help their wives cope with the special needs arising from taking care of a newborn at home. It is

related to the legal obligation of the husband to take care and support the wife. That kind of legal duty

does not attach to the unwed father. It is not strictly speaking discrimination– but a reasonable

distinction due to di嬉兮erences in both scenarios. I hope this satisꆦ귝es your questions.

separated dad:-) at :-)

Christine Florido:-) at :-)

Post author

does RA 8187 apply for individuals working as consultants for a certain company? it is stipulated in my

contract with the employer that we are not “employees”, but rather “consultants”. But i do believe that

the more appropriate term to be used is “contractual”. does the RA 8187 applicable on our condition?

New dad:

The Paternity Leave is granted to ALL married male employees in the private sector, regardless of their

employment status which may be probationary, regular, contractual or project basis. So, yes. It applies

to contractual employees a well. I hope this helps.

new dad:-) at :-)

Infomagnate:-) at :-)

Post author

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Ma’am, just to be clear, Paternity leave beneꆦ귝t is granted to married employees regardless of their

length of service to the company? So even if the father is only on his second month of employment, the

company has to grant him this beneꆦ귝t?

Mako F: Yes, that’s correct. But the employee must notify the employer of the wife’s pregnancy and

expected due date to avail of this beneꆦ귝t.

Mako F:-) at :-)

Atty.:-) at :-)

Post author

may i ask, is the di嬉兮erence between contractual employees from consultancy, we do have a contract for

a period of time to provide consultancy services. and it s stated that we are not Employees on a

contractual basis, but Consultants on a contractual basis. may i ask the di嬉兮erence between the two (2)?

their basis of granting us paternal leave is on the terms Employee and Consultancy. Being consultants,

we are not entitled to it.

The paternity leave applies only to employees not to consultants.

Your earlier query mentioned that you were merely referred to as consultant but that you really were

contractual employees, hence the opinion that contractual employees are entitled to paternity leave.

Consultants are independent contractors, not employees, who are often hired to render advice or

provide specialized service that is not in the ordinary course of the business of the company. Examples

are PR consultants, HR consultants and marketing consultants. Their scope of work is limited by a

contract or agreement, which is why a consultant is often mistaken for “contractual”.

Contractual employees are those whose employment are for a ꆦ귝xed term or period. The contract is

often renewed after the expiry. The di嬉兮erence between the two is in the control that the company

engaging their services has on them. A consultant performs work using his own tools, resources, time

and methods. The contractual employee usually performs work following speciꆦ귝c instructions of and is

subject to the disciplinary rules of the employer. So, for example, if the company prohibits moonlighting

or holding two or more employment, the contractual employee may be terminated on this ground,

while the consultant is not subject to this restriction unless the terms of his contract speciꆦ귝cally say so.

new dad:-) at :-)

Attorney:-) at :-)

Post author

I can’t ꆦ귝nd any rights for the employers to postpone the paternity leave requested by their employees

therefore, Does the Law mandate the rights to postpone leave for employers?

More, Does the law indicate the rights to return work or any protection for employee ?

Pat:

What is the scenario or situation leading to your question?

pat:-) at :-)

Atty:-) at :-)

Post author

What if the employee decides not to take all of the leave days allowed (e.g. he was on paternity leave

only for 2 days). Do the 5 remaining days still apply? Thanx!

Hydra: I’m not quite sure what you mean by “do the 5 remaining days still apply?” but the paternity

leave is not commutable to cash. If it’s not availed of in part or entirely, then it is my opinion that the

unused leave is forfeited.

Hydra:-) at :-)

Atty:-) at :-)

Post author

is there any speciꆦ귝c document needed for applying paternity leave like maternity leave?

nic:-) at :-)

Atty.:-) at :-)

Post author

Nic: Generally, there is only an application for paternity leave that must be ꆦ귝led within a reasonable

period of time from the expected date of delivery, meaning the application must be made PRIOR to the

expected date of delivery although the paternity leave is to be used after delivery. But you should also

check with your HR or employer if there is an existing company rule on the kind of notice required. In

case of miscarriage, prior application for paternity leave is not required.

atty wala pong ibang way para maka pagꆦ귝le ng pat. leave kung hindi kau kasal? no exceptions?

Hi, RL: Right now, there seems to be no exceptions to the Paternity Leave rule requiring the father to be

married to the woman who gave birth.

rL:-) at :-)

Atty.:-) at :-)

Post author

Hi Atty! Im the HR head of our Company, i would like to ask something regarding the paternity leave or

RA 8187; in the revised IRR issued by DOLE on March 13, 1997 they delisted abortion from the coverage

of the paternity leave. Question, how about abortion that intentionally committed by medical

practitioner in order to save the life of the mother out of a certain condition. Can the legal husband

avail of paternity leave, given the situation above? Thanks in advance! God Bless!

Rolghie: Your observation is correct– abortion is not included in the legal provisions on Paternity Leave.

But this does not mean that the company cannot grant paternity leave as its own policy. The law is a

minimum standard– employers can extend its beneꆦ귝ts for humanitarian reasons. I hope this helps.

Rolghie:-) at :-)

Atty.:-) at :-)

Post author

Ariane Alaman:-) at :-)

gud am. May I ask — is the application mechanics for paternity leave the same for maternity leave —

where SSS pays them NOT the company (because the company has no leave beneꆦ귝ts on its own) ….

Ariane: The Paternity leave is not a cash out beneꆦ귝t unlike the maternity beneꆦ귝t. Before the child is

born, the father notiꆦ귝es the employer of the expected due date and the tentative schedule of the

paternity leave after the delivery. Once the child is born, the father may then use the 7-day leave

without su嬉兮ering any deduction for his absence. Hence, it is a paid leave. It is not convertible to cash if

the father does not use it. I hope this helps.

Atty.:-) at :-)

Post author

Thanks for the info regarding paternity leave act….but i just have one comment. I learned from your site

that it can only be used after the delivery of the child which I ꆦ귝nd contradicting what I read somewhere

else…Please read the 嬉兮: “The paternity beneꆦ귝t may be availed of before, during or after delivery,

provided the total number of days does not exceed 7 working days. For example, the employee may

take a leave of 2 days before delivery, 1 day during delivery, and another 4 days after delivery. However,

the beneꆦ귝t must be availed of not later than 60 days after date of delivery.” Now, I’m confused. How do

you think I can verify this information? Thanks so much.

Limitation

Francis A*****: As a GENERAL RULE: the paternity leave is available after the delivery of the child with

the EXCEPTION of existing company policy or other agreement where the EMPLOYER allows the

employee to avail of the leave before the delivery. No contradiction– you just have to read it in its

entirety. One is the general rule, the other is an exception. I hope this clariꆦ귝es the issue.

Francis A*****:-) at :-)

Atty.:-) at :-)

Post author

we contracted a Service Provider for a certain position and that employee is under the payroll of the

Service Provider Where will the contractual personnel ꆦ귝le the notiꆦ귝cation of the wife’s childbirth, to the

Service Provider or to us where she/ he is assigned, Who will pay for the 7 days paternity leave, the

Service Provider or us.

emy v*******:-) at :-)

Emy: Paternity leave is a beneꆦ귝t that the employer must provide– if the personnel who is about to

become a father is NOT your employee but of a service provider then he should notify the service

provider who will take note of the expected due date including the tentative dates of the paternity

leave. The paternity leave is not a cash beneꆦ귝t like the maternity beneꆦ귝t, no amount is actually

disbursed but the employee on paternity leave is allowed a paid leave. This means, he will not su嬉兮er a

salary deduction for not working on those days. But this is a matter appropriate for the employer (who

is the service provider) to consider. The service provider may just have to inform you, as a matter of

expediency, of the inclusive dates of the paternity leave.

is is appropriate for the Service Provider to charge the paid paternity leave to us?

Emy: Ordinarily no, unless your service agreement speciꆦ귝cally states that the company bears the costs

of paid leaves and legal beneꆦ귝ts (such as the paternity leave). Service agreements are similar to

outsourcing arrangements– the cost-beneꆦ귝t to the company is the absence of certain overhead

expenses associated with maintaining regular employees. While the paternity leave is between the

employer and employee, how it is treated in your agreement with the service provider is a matter of

contract. I suggest that you review the terms or let a contract lawyer check it for you.

Atty.:-) at :-)

Post author

emy v********:-) at :-)

Atty.:-) at :-)

Post author

I would like to us, if the father has already 4 children and there is another newly born child, can he avail

his paternity leave if he did not avail it in his ꆦ귝rst born? The ꆦ귝rst was born 1997 but for any reason

nobody informed or notiꆦ귝ed him regarding paternity leave at that time. By the way when was paternity

leave became a law?

Ellen A.:-) at :-)

Atty.:-) at :-)

Post author

Ellen: the Paternity leave law was passed in 1996 and took e嬉兮ect in 1997. The wordings of the law is

clear– it only applies to the ꆦ귝rst 4 deliveries. The law does not mention any exceptions, so unless there

is an amendment to this law, then the reasonable interpretation would be to exclude deliveries after

the 4th child.

what if the birth of my baby falls on national holiday can I still enjoy my 7 days leave after the holiday?

or it overs all including saturday and sunday in that 7 days paternity leave

Eduardo: the Paternity leave is 7 calendar days, unless otherwise provided in an existing CBA or

company policy as “working days”.

Eduardo:-) at :-)

Atty.:-) at :-)

Post author

atty…is it working days or calendar days the law referred to?

Clay: According to the Department of Labor– “calendar days.”

clay:-) at :-)

Atty.:-) at :-)

Post author

atty , what if may baby was born 7 days before we got married , would i still be able to apply for a

paternity leave

kix:-) at :-)

Atty. Post author

Kix: No you are not legally qualiꆦ귝ed for the paternity leave, unless your employer has a company policy

that allows it.

:-) at :-)

When the 1st Wife already died (they had four children during his employment) and then the male

employee contracted a subsequent marriage, can the male employee still avail of the beneꆦ귝ts?

Rab: Under the terms of the Paternity Leave Act, yes, the male employee is entitled to paternity leave

provided he is legally married to the woman who is giving birth to his child and he is living with her as

well. The limit of 4 pregnancies relates to the legitimate spouse of the employee, not to the male

employee.

Rab **********:-) at :-)

Atty.:-) at :-)

Post author

atty, what can we do if the employer hesitates to provide paternity beneꆦ귝t? where can we ꆦ귝le

complaint? My husband’s employer had been granting paternity beneꆦ귝ts for several years but now

paternity checks are pending , i gave birth Sept. 4, 2011 my husband had applied for the leave and all

documents attached are valid but while we are to follow-up for the check they told us all paternity

checks are pending and much worse will be no longer provided for an unknown reason., thank u in

advance

Kei: Paternity checks? You mean, that instead of granting paternity leave, the company converts the

paternity leave to cash? If so, then you may have to write them formally regarding the availment of that

company beneꆦ귝t. Make sure that you read the company policy on paternity check issuance carefully to

determine if your husband’s situation is fully covered and that your husband has complied with any

conditions imposed by the company for its availment. If your husband can prove that the beneꆦ귝t was

granted consistently for many years then it MAY be possible to claim it as a legal beneꆦ귝t in the

Kei:-) at :-)

Atty.:-) at :-)

Post author

appropriate case in the Department of Labor. (Ordinarily, the only legal beneꆦ귝t relating to new fathers

is the Paternity Leave which is not a cash beneꆦ귝t but a leave privilege to enable the new father to take

care of the newborn and the mother)

thank you attorney!

Kei:-) at :-)

atty., just want to ask, who will pay for the paternity leave, company or sss?

Myla : The paternity leave is not a cash beneꆦ귝t that must be paid in case it is not used by the employee.

The employer grants it and pays the employees usual salary as if he reported for work at the time he

avails of the paternity leave.

myla camacho:-) at :-)

Atty.:-) at :-)

Post author

my husband’s sss status is still single and has not been updated yet by their agency. I gave an early birth

during the holy week and the 7 days-should-be-paternity leave is about to end. May chance pa po ba na

kami na ang mag-update ng status nya sa SSS from single to married, then ꆦ귝le for paternity leave?

Another thing po, 2 weeks before I gave birth, sabi sa agency nila na wala na raw paternity leave ang

SSS…is that true?

Jois: It is the employer’s obligation (not the SSS) to grant paternity leave. Paternity leave is not a

monetary or cash beneꆦ귝t but a paid leave, meaning, your husband can be excused from work for up to

7 calendar days and still get paid his salary on those days. But to avail of this leave, he must have

Jois:-) at :-)

Atty.:-) at :-)

Post author

Comments are closed.

informed his employer of your pregnancy and the expected dates of the availment. I suggest that he ꆦ귝le

a paternity leave with his employer and see what happens. He can also approach the Department of

Labor and ask about his rights, in case his employer still fails to grant him a paternity leave. I also

suggest that your husband ꆦ귝le the necessary forms to update his status at the SSS. I hope this helps.

Hi atty. I would like to clarify this policy. One of our male employee availed the paternity leave. He is a

contractual employee and is under agency now, actually wala pa syang isang buwan sa agency na yun.

He used to be an employee of our company, pina agency na lang namin.. When he was about to ꆦ귝le his

paternity leave, he was told that he’s not yet allowed to ꆦ귝le it since wala pa sya isang taon sa agency

nila. Tama po ba yun?

Irish: For as long as he’s an employee of that agency meaning he performs services and receives

compensation for it, then he is entitled to paternity leave regardless of the length of his employment.

He must comply with other requirements for the paternity leave, meaning he is legally married to the

woman who gave birth to his child, the child is one of the ꆦ귝rst four deliveries, he applied for the leave

according to the company rules,etc. Please see the other rules here.

Irish:-) at :-)

Atty.:-) at :-)

Post author