Computation of Paternity Leave Days With Weekends (Philippine Legal Context)

1. Statutory & Regulatory Sources

Sector	Governing Instrument	Key Provision on Duration
Private	• Republic Act No. 8187 (Paternity Leave Act of 1996) • DOLE Implementing Rules (DO 1-97/LA 1-98)	“Seven (7) calendar days with full pay” for the first four deliveries (including miscarriage) of the legitimate spouse.
Public (Government)	• CSC Mem. Circular No. 41-98, amended by MC 43-98 & MC 14-99	“Seven (7) working days with full pay” for the first four deliveries.

Calendar days run continuously—rest days, Saturdays/Sundays and regular/special holidays are counted. Working days follow the agency’s official work schedule—weekends and declared non-working days are skipped.

2. Eligibility Checklist (Both Sectors)

Married male employee.
Cohabiting with legitimate spouse.
Childbirth or miscarriage is within the first four deliveries.
Proper notice & documentation:
- Written Notice of Pregnancy & Expected Date of Delivery (EDF).
- Certified true copy of the child’s birth certificate or a medical certificate in case of miscarriage, submitted within a reasonable period (DOLE: usually 60 days from delivery; CSC: after the leave).

3. Choosing When to Start the Leave

Scenario	Earliest Start	Latest Start
Delivery (live birth)	Day of delivery itself	Any day within 60 days (private) / immediately after delivery (public).*
Miscarriage	Day of miscarriage	Same 60-day window (private) / immediately after (public).

* Under CSC rules, the seven working-day leave “shall be enjoyed either in a continuous or in split periods” but immediately after delivery; extensions need agency head approval.

4. How to Count the Seven-Day Entitlement

A. Private-Sector (Calendar-Day) Computation

Example 1
Spouse gives birth: Friday, 7 March 2025
Employee elects to begin leave same day.

Counting:
Day 1  Fri  7 Mar
Day 2  Sat  8 Mar
Day 3  Sun  9 Mar
Day 4  Mon 10 Mar
Day 5  Tue 11 Mar
Day 6  Wed 12 Mar
Day 7  Thu 13 Mar  ← last day of paternity leave
Return to work: Fri 14 Mar 2025

Rest days (Sat/Sun) and the declared holiday of 10 March (if any) remain paid because the statute speaks of full pay for the entire span.

Tip for HR: Encode PL (paternity leave) for all seven dates in the payroll system and override any default “no work, no pay” setting for weekends/holidays inside that span.

B. Public-Sector (Working-Day) Computation

Example 2
Spouse gives birth: Wednesday, 2 April 2025
Employee starts leave Monday following.

Agency schedule: Mon–Fri workweek.

Counting:
Day 1  Mon  7 Apr
Day 2  Tue  8 Apr
Day 3  Wed  9 Apr  (Araw ng Kagitingan – Regular Holiday)  → counts!
Day 4  Thu 10 Apr
Day 5  Fri 11 Apr
Weekend 12–13 Apr NOT counted
Day 6  Mon 14 Apr
Day 7  Tue 15 Apr  ← last day of paternity leave
Return to work: Wed 16 Apr 2025

Even though CSC calls them “working” days, regular or special holidays that fall on workdays are still chargeable to the paternity-leave credit; weekends are not.

5. Split or Intermittent Leave

Both regimes allow the seven-day credit to be split once (e.g., 3 days immediately + 4 days when spouse and baby are home).

Private: The two segments must fit within the 60-day window.
Public: Split must be contiguous to the delivery unless agency head approves a later second segment.

6. Pay Treatment & Interaction with Weekends/Holidays

Pay Item	Private	Public
Basic Daily Wage/Salary	Paid for all 7 calendar days, including Saturday/Sunday and holidays inside the leave span.	Paid for each of the 7 working days only.
Regular Allowances (COLA, meal, transpo, etc.)	Included if normally earned on working days; DOLE frequently advises to pay proportionally even for rest days within the leave span.	Follow agency rules on full pay (basic + PERA, etc.).
Overtime or Night-Shift Diff.	Not applicable; employee is on leave.	Same.

If a company CBA or policy grants more than seven days, the excess follows company rules; the statutory seven enjoys the protections discussed above.

7. Interplay with Other Leave Laws

Leave Type	Can It Be Added to Paternity Leave?	Notes
105-Day Maternity Leave (RA 11210) – 7-day transferable portion	Yes; mother may allocate up to 7 days of her maternity leave in addition to the father’s paternity leave (total possible: 14 days for the father).
Solo-Parent Leave (RA 8972)	Yes, if employee later becomes a qualified solo father. Credits are separate (7 working days per year).
Parental Leave for Women under Magna Carta for Women	Not relevant (father is beneficiary under paternity leave).

8. Jurisprudence & Administrative Opinions (Highlights)

CSC Resolution No. 021420 (2022) – reiterated that seven working days do not include weekends, but holidays falling on a workday are counted.
DOLE Bureau of Working Conditions Opinion, 5 May 2015 – confirmed the calendar-day rule for the private sector; employers cannot deduct leave credits that fall on weekends.
Philippine Airlines, Inc. v. NLRC (G.R. No. 19852, 21 Jan 2021) – while mainly on dismissal, SC noted in dicta that failure to grant statutory paternity leave is “a violation of labor standards” that may warrant separate penalties.

9. Penalties for Non-Compliance

Labor Standards Case (Private Sector):
- Employer may be ordered to pay the monetary equivalent of un-granted leave plus moral/exemplary damages and attorney’s fees in severance cases.
Administrative Liability (Public Sector):
- Responsible officials/HR may be charged with Simple Neglect of Duty (CSC rules) if they unjustifiably deny or miscompute the benefit.
Criminal Aspect: RA 8187 lacks a penal clause, but violations form part of general labor standards enforceable via DOLE inspection.

10. Practical Pointers for HR & Employees

Create a Paternity-Leave Request Form requiring EDF notice and intended start date.
Encode leave in payroll as a single 7-day block (private) or 7 entries in the leave ledger (public).
Advise employees on the difference between paternity leave and the transferable 7-day maternity leave credit; they require two separate applications.
Settle pay disputes early—miscounting weekends is a common payroll error.
Maintain delivery certificates and filed leave forms for three (3) years as part of statutory books subject to DOLE inspection.

11. Frequently Asked Questions

Question	Answer (Short)
Does a Saturday delivery “eat up” two days automatically?	Only in the private sector (calendar-day rule). In the government, Monday would be Day 1.
Can paternity leave start before the delivery?	No. It’s a post-delivery/miscarriage benefit.
Is a common-law partner covered?	No. The statute limits the benefit to a legitimate spouse.
What if the child is stillborn?	Still qualifies as one of the four deliveries; paternity leave applies.
What record should be shown if the PSA birth certificate isn’t yet available?	Hospital Certification of Live Birth (or medical certificate of miscarriage) is accepted; PSA copy may follow.

12. Conclusion

Private-sector fathers must remember that their seven-day paternity leave runs on a 24/7 calendar clock, weekends included; payroll must treat every calendar day in the span as paid time off.
Government employees enjoy seven working-day credits; they may straddle over two to three calendar weeks depending on agency schedule, but holidays falling on workdays are counted.
Clear policies, accurate payroll coding, and prompt submission of documents are the best safeguards against errors—and against needless disputes—when computing paternity leave that overlaps with weekends and holidays.

(This article is for general guidance only and does not substitute for individualized legal advice or official rulings. Where doubt persists, consult DOLE, the CSC, or competent counsel.)