Did you know that you can take paternity leave after your wife gives birth or had a miscarriage? In the Philippines, paternity leave is granted to working dads to give them time to do their father and spouse duties without work distractions.
As a father and a spouse, you play an important role in your family. Taking paternity leave sends a powerful message about the importance of involved fatherhood. This can inspire other fathers to take a more active role in their children’s lives and contribute to a cultural shift towards greater gender equality in parenting.
Whether you are an expectant father or simply curious about the rights of employed fathers, this guide will break down everything you need to know about paternity leave.
What is a Paternity Leave?
Under Republic Act No. 8187, paternity leave is granted to employed fathers upon the birth of their child or miscarriage of their wife. It gives them time away from their work to support their spouse, manage hospital errands, prepare the things needed back at home, and bond with their newborn child. Paternity leave includes weekends and holidays, and can only be used up to four (4) childbirths of the employee’s lawful wife whom he is cohabitating.
How Long is Paternity Leave?
If your wife is employed, she can allocate her seven (7) days of her maternity leave to you by filing a request to your respective HR department, allowing you to take up to fourteen (14) paid leave days. If you do not qualify for this because of not being married, you can apply for Solo Parent Leave under Republic Act No. 11861, allowing you to take seven (7) leave days given that you are employed for at least a year.
On the other hand, you can file a request from the Social Security System (SSS) to transfer your partner’s maternity leave credits to yours. Paternity leave can also be extended for an additional seven (7) days to give you more time to take care of your child and your partner.
When to File a Paternity Leave?
Paternity leave should be filed at least thirty (30) days before the expected delivery date. This is to inform your employer in case of an early or emergency labor.
What are the Qualifications for Paternity Leave?
To be eligible for paternity leave, you must meet the following qualifications:
- Currently employed upon your child’s birth;
- Must be legally married and cohabitating with the child’s mother or a solo parent;
- Have not used your four (4) paternity leaves;
- Your pregnant wife has given birth or had a miscarriage; and
- Have notified your employer of the pregnancy of your wife and her expected due date.
What are the Requirements for Paternity Leave?
When filing a paternity leave from HR department, the following documents must be included:
- Paternity Leave Notice
- Copy of Marriage Certificate, if applicable
- Medical records regarding the pregnancy
- Certified true copy of newborn child’s PSA birth certificate or death certificate
- Additional documents, if necessary
How to File for Paternity Leave?
To avoid delays or any issues by the time your wife or partner gives birth, you must inform your HR manager of your plan to take paternity leave as soon as you learn about the pregnancy. Provide and submit the necessary paperwork, such as leave notice and medical records verifying the pregnancy and the expected delivery date. Paternity leave must be filed at least thirty (30) days advance before the due date. Optionally, you may discuss with your team who can handle your tasks while you are away to prevent any work delays and problems with your clients.
Are Male Employees Entitled for SSS Maternity Benefits?
No, male employees are not entitled to SSS maternity benefits, even if they are members of the Social Security System (SSS). Maternity benefit is a cash allowance only given to female members who can’t work due to childbirth, miscarriage, or emergency termination of pregnancy.
Can a Terminated or Resigned Employee Take Paternity Leave?
No, you can’t get fired or terminated since paternity lease is one of employment leaves under Philippine law. If you get fired or terminated for taking paternity leave, you may file a complaint against your employer with the Department of Labor and Employment (DOLE) for illegal termination.
What Happens If Your Employer Refuses to Allow You to Take Paternity Leave?
According to Section 5 of Republic Act No. 8187, if your employer refuses to allow you to take paternity leave, they must be punished by a fine not exceeding Php 25,000, or an imprisonment of thirty (30) days to six (6) months. Managing heads, directors, and partners must also be held liable to the aforementioned penalties.
Why Should You Take Paternity Leave?
Taking paternity leave is important because of several reasons, such as:
Bond with Your Newborn Child
The early days and weeks of your newborn child are important to build a strong bond. Paternity leave allows you to be actively present to establish a strong emotional connection with your child. This bond has been shown to have long-lasting positive effects on your child’s development.
Support Your Partner
Childbirth can be physically and emotionally exhausting for mothers. Paternity leave allows you to provide essential support to your partner during the postpartum period. This can include helping with household chores, caring for the baby, and offering emotional support.
Share of Parental Responsibilities
Paternity leave encourages a more equitable distribution of parental responsibilities from the very beginning. This can help challenge traditional gender roles and promote a more balanced approach to parenting.
Promote Family Well-being
By actively participating in childcare and household duties, you can contribute to a more supportive and healthier family environment. This can lead to increased family well-being and stronger relationships between all family members.
Need further information and assistance regarding Paternity Leave? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
