In Filipino households, the arrival of a baby is a joyful, life-changing event. It’s a time when fathers are expected to support their wives, bond with their newborns, and adjust to the responsibilities of parenthood. However, despite the growing recognition of fathers’ roles in caregiving, many still don’t realize that there’s a legal benefit in the Philippines that allows them to take time off work during this important period. This benefit, known as Paternity Leave, is often overlooked or misunderstood, leaving fathers unaware of their right to be with their families without worrying about work.

In this article, we’ll break down Republic Act No. 8187, also known as the “Paternity Leave Act of 1996,” so it’s simple and easy to understand.

What Is Paternity Leave?

Paternity leave is a benefit granted to married male employees under Republic Act No. 8187, also known as the Paternity Leave Act of 1996. It entitles fathers to up to seven (7) working days off with full pay to support their wives during childbirth, or to recover together after a miscarriage. Despite its significance, many fathers miss out on this benefit simply because they don’t know how it works or how to apply for it. Understanding paternity leave is key to ensuring that Filipino fathers can be present during one of the most significant moments in their family’s life.

Who Can Avail of Paternity Leave?

If you’re wondering who can take advantage of paternity leave, here are the basic qualifications:

     1. You’re a Married Male Employee

You need to be legally married and living with your spouse. Paternity leave applies only for the first four deliveries.

     2. You’re Employed

You must be working at the time your wife gives birth, experiences a miscarriage, or undergoes an “emergency termination of pregnancy.”

     3. Delivery or Miscarriage Occurs

The leave applies if your wife gives birth, has a miscarriage or “emergency termination of pregnancy”.

What Are the Benefits of Paternity Leave?

Here’s what you’ll get when you take paternity leave:

     1. Seven (7) Days Off with Full Pay

This includes your basic salary, allowances, and other benefits that you typically receive.

     2. Flexibility to Take Leave

You can choose to take your leave before, during, or after the delivery. However, the leave cannot exceed seven days.

How Do You Apply for Paternity Leave?

Paternity leave policies and application processes can vary from one company to another, with different requirements and procedures in place. At Shore360, applying for paternity leave is a straightforward process. The following steps outline our company’s standards to ensure a smooth and hassle-free application:

    1. Notify Your Employer Early and Give Proper Notice

Let your employer know about the pregnancy and the expected delivery date as soon as possible. While the general process may involve submitting a Paternity Notification Form, Shore360 follows a different approach. At Shore360, employees must submit the following via email instead:

• • A medical certificate from your wife’s doctor, indicating the number of pregnancies.

• • A copy of your marriage certificate.

     2. Submit Supporting Documents

In terms of the Shore360 standard process, after childbirth, miscarriage, or an “emergency termination of pregnancy,” employees are required to submit the following documents:

• • A birth certificate of the child (if applicable), or

• • A death or medical certificate (in the case of a miscarriage or “emergency termination of pregnancy”).

Note: Keep in mind that different companies may have their own internal policies and procedures for leave applications. These may include specific forms or additional documentation beyond the basic legal requirements.

     3. Take Leave Within 30 Days

At Shore360, employees are entitled to take their paternity leave before, during, or after the delivery of their child. However, this leave must be utilized within a specific timeframe:

• • Up to 30 days preceding the child’s expected date of birth, or

• • Within 30 days following the child’s birth.

This ensures that the leave aligns with the critical periods surrounding the child’s arrival.

Common Questions About Paternity Leave

1. Is paternity leave paid?
   Yes. You’ll receive full pay during your paternity leave, including your salary and allowances.
2. Can paternity leave be converted into cash?
   No. If you don’t use your paternity leave, it cannot be converted into cash.
3. Does this benefit apply to common-law partners?
   No. The law only covers legally married couples.
4. What should I do if my employer refuses to grant paternity leave?
   If your employer denies you this benefit, you can report the violation. Employers who do not comply with the law can face legal consequences.
5. Can a father receive both the standard 7 days of paternity leave and an additional 7 days of maternity leave transferred from his partner?
   Yes. Fathers are entitled to 7 days of paid paternity leave, which can be extended to 14 days by transferring 7 days of their partner’s maternity leave, with benefits paid similarly to maternity leave.
6. Can paternity leave be used for all childbirths?
   No. the law only applies to the first four deliveries of your legal wife (including miscarriages or “emergency termination of pregnancy”)

Why Is Paternity Leave Important?

Paternity leave is more than just time off work as it is about giving fathers opportunities of being there for their families. Whether it’s helping their wife recover, bonding with their newborn, or supporting their family through a miscarriage, this benefit recognises the important role fathers play in every Filipino household.

Knowing their rights ensures that they can take the time they need without worrying about work. For employers, following the law shows care for their employees and builds a positive workplace.

Final Takeaway

Paternity leave is a valuable right that empowers fathers to be active participants in their families’ lives. It’s a time for bonding, support, and creating lasting memories. By availing of this benefit, fathers can contribute meaningfully to their children’s well-being and strengthen their relationships with their wives. Paternity leave not only benefits individual families but also contributes to a more equitable and supportive society where fathers are recognized and valued for their role in raising children.