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Basis
Unlike maternity leave, paternity leave is not found in the Labor Code. The basis of Paternity Leave
benefits is found in Republic Act No. 8187, otherwise known as the Paternity Leave Act of 1996.
Paternity leave is a form of parental leave. The other form of parental leave is the Maternity Leave.
(See Maternity Leave)
Paternity leave refers to the benefits granted to a married male employee in the private and public
sectors allowing him to take a leave for 7 days, with full pay, for the first 4 deliveries of his legitimate
spouse with whom he is cohabiting.
5. The employer is notified within reasonable time of the pregnancy and of date of expected
delivery (not required in case of abortion or miscarriage).
The paternity benefit may be availed of before, during or after delivery, provided the total number of
days does not exceed 7 working days. For example, the employee may take a leave of 2 days before
delivery, 1 day during delivery, and another 4 days after delivery.
However, the benefit must be availed of not later than 60 days after date of delivery.
Limitation
The benefit may be availed of only for the first four deliveries.
Commutability to Cash
Reference
Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and
regulations may have rendered the whole or part of this article inaccurate or obsolete.