Under the law, male private and government employees in

the Philippines are entitled to seven days paternity leave

with full pay. They should receive their basic pay, allowance
and other monetary benefits for those days.
What is the purpose of paternity
leave?
 The purpose of this leave is to give opportunity to the
working male employee to give support to his wife and
help his wife in caring for their new born child.

 An employer has no right to deny the male employee

of his paternity leave because doing so will make the
employer liable for fine or imprisonment.
What are the requirements?

 A male employee can avail of paternity benefits if he

meets the following conditions:
 Employed at the time of child birth,
 Have a wife who is pregnant, have given birth or had
miscarriage
 Legally married to your pregnant wife
 Living with your legitimate wife
How does a male employee file for
paternity leave?
Here are the following steps:
1. Notify your HR Department about the pregnancy and
expected due date
2. Fill out a Paternity Notification Form provided by your
employer
3. Submit accomplished form along with the copy of your
marriage certificate to HR
4. And after your paternity leave, you will need to submit a
copy of your newborn’s birth certificate. In case of
miscarriage, you will need to submit a death certificate.
Question
In October this year. Weto’s wife id expecting to give birth
to her first child. He accordingly filed his application for
paternity leave, conformably with the provision of the
Paternity Leave Law which took effect in 1996. The HRD
manager of the assurance firm denied his application, on
the ground that Weto had already used his entitlement
under the law. Weto argued that he has a new wife who will
be giving birth for the first time, therefore, his entitlement
to paternity leave benefits would begin to run anew.

Whose contention is correct, Weto or the HRD manager?

(2005 bar)
Answer:
 The contention of Weto is correct. The law provides that every
married male is entitled to a paternity leave of seven days for the
first four deliveries of the legitimate spouse with whom he is
cohabiting (Section 2, R.A. No. 8187).

 Jovy is Weto’s legitimate spouse and that Weto had 4 children

with his first wife is beside the point. The important fact is that
this is the first child of Jovy with Weto. The law did not
distinguish and we should therefore not distinguish.

 The paternity leave was intended to enable the husband to

effectively lend support to his wife in her period of recovery
and/or nursing of the newly born child (Section 3, R.A. No.
8187).
How many times may a male employee go on Paternity
Leave? Can he avail himself of this benefit for
example, 50 days after the first delivery by his wife?
(2002 bar)
Answer:

 A male employee may go on Paternity Leave up to four

children (Section 2, R.A. No. 8187).
 On the question whether or not he can avail himself of
the benefit 50 days after the delivery of his wife, the
answer is:
 Yes, he can because the Rules Implementing Paternity
Leave Act says that the availment should not be later
than 60 days after the delivery.
Question
 Because of stress in caring for her four children, Tammy suffered
miscarriage late in her pregnancy and had to undergo an
operation. In the course of the operation, her obstetrician
further discovered a suspicious- looking mass that required the
subsequent removal of her uterus, after surgery he physician
advised Tammy to be on full bed rest for 6 weeks. Meanwhile,
the biopsy of the sample tissue from the taken mass in Tammy’s
uterus showed s beginning malignancy that required an
immediate series of chemotherapy once a week for four weeks.

 What can Roger-Tammy’s 2nd husband and father of 2 younger

children claim as benefits under the circumstances? ( 2013 bar)
Answer:

 Under R.A. No. 8187, Roger can claim paternity leave

of seven days with full pay if he is lawfully married to
Tammy and cohabiting with her at the time of the
miscarriage.
What if a male employee is newly hired ( 1 week), can
he avail the paternity leave and no SSS contribution
was yet remitted by his employer?
Answer:

 Yes, the law did not made any distinction between

casual and regular employee. The paternity leave act is
different from SSS law. An employee is entitled ti this
benefit on the first days of employment
What if the male employee is not legally married to the
woman who gave birth whom he is currently
cohabiting?
Answer:

 The law is clear. The woman delivering the baby must

be a legitimate wife and the husband must be
cohabiting with her. If the male employee is nit
married, the law does not apply, if you are legally
married but legally separated and not cohabiting, the
paternity leave does not apply.
Additional information:

 Bulacan Representative Jose Antonio Sy-Alvaro wants

to extend the current seven days of paternity leave to
15 days with full pay citing the importance of the
presence of birth parents in the formative stages of an
infants development.