Family Responsibilities
Paternity Leave
The legal provision on paternity leave is contained within the Paternity Leave Act of 1996.
Every married male employee in the private and public sectors is entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave has to notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. Delivery includes childbirth or any miscarriage.
If the employer is found violating the provisions of this Act, they will be subjected to a punishment by a fine not exceeding Twenty five thousand pesos (P25, 000) or imprisonment of not less than thirty (30) days but not more than six (6) months.
Source: §2, 3 and 5 of the Paternity Leave Act of 1996 (Republic Act No. 8187)
Parental Leave
The parental leave, as defined for the purposes of this section (extra leave for parents after completion of maternity leave) is not provided under the Philippines Labour Code.
Under the Solo Parents’ Welfare Act, a different kind of parental leave is provided to single parents.
The right to parental leave applies only any individual who falls under any of 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 the mother keeps and raises the child;
- Parent left single or alone with the responsibility of parenthood due to death of spouse;
- Parent left single or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
- Parent left single or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
- Parent left single or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;
- Parent left single or alone with the responsibility of parenthood due to 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;
- Parent left single or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;
- 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;
- 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.
Parents must have rendered at least one year’s service to qualify for the parental leave entitlement and are entitled to parental leave of not more than 7 days each year.
Source: §3 & 8 of the Solo Parents’ Welfare Act 2000 (Republic Act No. 8972)
Flexible Work Option for Parents / Work-Life Balance
Provisions on this front have been largely left to negotiations between the employer and the employee, as telecommuting and similar modes of work have gained currency in the Philippines; however, by law, telecommuters and other workers with alternative working arrangements are to be treated equally to workers with traditional work options, including with regard to parental rights.
Source: Telecommuting Act (Republic Act No. 11165)
Regulations on Family Responsibilities
- Solo Parents’ Welfare Act 2000 (Republic Act No. 8972)
- Paternity Leave Act of 1996 (Republic Act No. 8187)
