Under Republic Act No. 8187 also known as the ‘Paternity Leave Act of 1996’, a male employee is entitled to 7 days of leave for the first 4 deliveries of his wife.

  • Who is entitled to Paternity Leave?
  • When can an employee avail the Paternity Leave?
  • Why there is no Paternity Leave provision in the Labor Code of the Philippines?

Paternity Leave Entitlement

The employee length of service and employment status are not part of the criteria to determine an employee’s eligibility. Therefore, the male employee shall be entitled to this benefit if he meets all the requirements below regardless of his length of service and employment status (probationary, regular, contractual or project-based):

  • He is an employee at the time of the delivery of his child;
  • He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;
  • He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and
  • His wife has given birth or suffered a miscarriage.

Availment of Paternity Leave

The employee may avail the leave after the delivery of his wife. This is without prejudice to existing company policy, practice or agreement allowing the employee to avail the benefit before or during the delivery. If this leave benefit is not availed of, the benefit is not convertible to cash.

Why there is no Paternity Leave provision in the Labor Code of Philippines?

As mentioned above, this leave benefit is mandated under Republic Act No. 8187 and not in the Labor Code of Philippines.

For more information about the Paternity Leave Act of 1996, please refer to Republic Act No. 8187.