PATERNITY LEAVE

Republic Act No. 8187, otherwise known as the Paternity Act of 1987, grants paternity leave of seven (7) days with full pay to all married male employees in the private and public sectors. This can be availed of only for four (4) deliveries or miscarriages of the legitimate spouse with whom the husband has been cohabiting. Cohabitation means that the husband and wife must live together. Section 4 and 7 of Revised Implementing Rules and Regulations of RA 8187 provides the following mechanisms for its entitlement: (ECA)

1. He is an employee at the time of delivery of his child;

Note: Employee may either be regular, probationary or causal status as long as there is employer-employee relationship.

2. He is cohabiting with his spouse at the time she gives birth or suffers miscarriage;

3. He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by the pregnant spouse, or within such period as may be provided by company rules and regulations or by collective bargaining agreement

Note: This notice requirement is not required in case of abortion or miscarriage.

The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer

Neil Christian

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