An employee who is assuming sole responsibility for parenthood may be entitled to parental leave or more commonly known as solo parent leave.
Solo Parent Leave
Under Republic Act No. 8972 also known as the “Solo Parents’ Welfare Act of 2000”, a solo parent may be entitled to 7 days of parental leave, or solo parent leave, per year. It is a leave benefit granted to solo parents to perform their parental duties and responsibilities where physical presence is required.
Who is considered as a solo parent?
A solo parent is any individual who falls under the following categories:
- A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided that mother keeps and raises the child;
- Parent left solo or alone with the responsibility of parenthood due to the following circumstances
- Due to death of spouse;
- Spouse is detained or is serving sentence for a criminal conviction for at least 1 year;
- Physical and/or mental incapacity of spouse as certified by a public medical practitioner;
- Legal separation or de facto separation from spouse for at least 1 year, as long as he/ she is entrusted with the custody of the children; or
- Declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/ she is entrusted with the custody of the children.
- Unmarried mother/father who has preferred to keep and rear her/ his child/ children instead of having others care for them or give them up to a welfare institution;
- Any other person who solely provides parental care and support to a child or children; or
- Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.
What are the requirements to avail the Solo Parent Leave?
An employee who meets all of the following requirements shall be entitled to solo parent leave:
- Rendered at least 1 year of service;
- Notified the employer of his/ her intention to avail the parental leave within a reasonable period of time; and
- Has a valid Solo Parent Identification Card.
How to apply for Solo Parent ID?
- The applicant shall bring the following documents to City/Municipal Social Welfare and Development Office:
- Barangay certification certifying Solo Parent’s residency in the barangay for the last six months;
- Certificates e.g., birth certificates of children, death certificate of spouse and other appropriate documentary support; and
- Income tax return or any document that will establish the income level of the solo parent.
- The social worker receives and ensures that all documents are complete and registers the applications with an appropriate case number in the log-book Registry of Solo Parents.
Note: The ID will be issued after 30 days from filing. The validity of the ID is one year and is renewable.
Information to apply for Solo Parent ID can be found here.
Nonconversion to Cash
In the event that the parental leave is not availed of, it shall not be convertible to cash, unless specifically agreed on previously.
For more information on the Solo Parent Welfare Act of 2000, please refer to Republic Act No. 8972.