Employer’s Obligation to Pay Paternity Leave (Philippine Legal Perspective, 2025 update)
1 | Statutory Foundations
| Measure | Key content | Funding |
|---|---|---|
| Republic Act 8187 (Paternity Leave Act of 1996) | Grants every married male employee in the public and private sectors 7 calendar days of paternity leave with full pay for each of the first four (4) deliveries / miscarriages of his legitimate spouse with whom he is co-habiting. | Entirely employer-paid; no SSS or government reimbursement. (PCW, Lawphil) |
| IRR for the Private Sector & CSC Memo-Circular 41 s.1998 | Spell out documentary and procedural requirements (e.g., “paternity notification,” 60-day window for availment, record-keeping). | Same as above. (Civil Service Commission) |
| RA 11210 (105-Day Expanded Maternity Leave Law, 2019) | Section 8(b) lets the mother transfer up to seven (7) of her paid maternity leave days to the father (or other alternate carer). This may raise a father’s paid leave to 14 days—the first 7 are employer-funded under RA 8187; the transferable 7 are funded the same way the mother’s maternity leave is funded (SSS + employer share for private workers). (Ogletree) | |
| Pending proposals (e.g., House Bill 4430, 2023) | Seek to extend statutory paternity leave to 30 days and cover live-in partners; still in committee as of June 2025. | — (Manila Bulletin) |
2 | Who must employers pay?
- Employment status is irrelevant – regular, probationary, project-based, seasonal and fixed-term male workers are all covered. (RESPICIO & CO.)
- Must be legally married to the mother and co-habiting at the time of delivery.
- Covers live birth or miscarriage/abortion (including caesarean deliveries).
- Only the first four (4) deliveries/miscarriages count; no carry-over for child #5 onward.
Tip: If the couple married after a child was conceived but before delivery, the leave still applies once a PSA marriage certificate is produced.
3 | What does “full pay” mean?
- “Full pay” = basic wage + fixed allowances that are treated as part of the integrated salary (e.g., COLA, transport/meal allowances of fixed amounts). Variable-rate allowances (commissions, tips) need not be advanced unless written policy says otherwise.
- The 7-day leave is not chargeable to existing leave credits and cannot be converted to cash if unused.
- Payroll still withholds SSS, PhilHealth, Pag-IBIG and income tax because compensation is deemed “earned.”
- Employers cannot require the employee to offset the days with make-up work or deduct them from service incentive leave. (Penbrothers)
4 | Procedural duties of the employer
| Stage | Employer must … | Legal basis |
|---|---|---|
| Pre-delivery | Accept the employee’s Paternity Notification (written or electronic) within a “reasonable time” after confirmation of pregnancy. | RA 8187 §3; CSC MC 41, s.1998 |
| During / immediately after birth | Allow the father to choose continuous or intermittent leave, provided it is exhausted within 60 days after delivery or miscarriage. | IRR, Sec. 6 |
| Documentation | Require only (a) PSA marriage certificate and (b) PSA birth certificate or fetal death certificate; photocopies suffice. | DOLE Handbook on Workers’ Statutory Monetary Benefits 2024 |
| Record-keeping | Keep a paternity-leave logbook/payroll register for at least three (3) years for DOLE or CSC inspection. | Labor Code, Art. 121; CSC MC 1 s.2018 |
Failure to accommodate reasonable filing glitches (e.g., emergency caesarean where the notice follows after admission) has been ruled an unfair labor practice in several NLRC decisions.
5 | Interaction with other leave benefits
- Optional +7 days under RA 11210 – The mother’s written waiver is required; the father files it as a “Maternity-to-Paternity Leave Transfer” with HR. The 7 transferred days are distinct from, and do not consume, his RA 8187 entitlement. (Moneymax)
- Solo Parent Leave (RA 11861) – Fathers who become solo parents later may avail an additional 7 paid days every year on top of paternity leave.
- Company-initiated benefits – Policies may grant more than 7 days, cover common-law partners, or offer flexible/remote-work alternatives; they cannot reduce or waive the statutory minimum.
6 | Enforcement & Penalties
| Non-compliance | Sanctions |
|---|---|
| Denying or not paying paternity leave | Fine ₱25,000 – ₱200,000 and/or imprisonment 30 days – 6 months, plus payment of the salary differential. (Duranschulze, Eezi HR Technologies Corp.) |
| Retaliation or dismissal for having availed of leave | Illegal dismissal; full back-wages, reinstatement, moral/exemplary damages. |
| Failure to keep records | DOLE administrative fine (₱5,000–₱100,000 per violation) and possible suspension of business permits. |
Employees may:
- File a Single-Entry Approach (SEnA) request, then a complaint before the NLRC/DOLE.
- For government workers, raise the dispute to the Civil Service Commission.
7 | Special situations & FAQs
| Scenario | Is employer payment due? | Notes |
|---|---|---|
| Contractual/project-based worker whose contract ends during leave | Yes, for days within the contract term. | DOLE Handbook 2024 |
| Remote worker abroad (still PH-hired) | Yes, as long as he is a Filipino employee and meets RA 8187 criteria. | Jurisdiction follows contract of employment. |
| Live-in / common-law partner | Not yet covered by RA 8187; only covered if mother transfers days under RA 11210. | Proposed bills seek to include them. (Manila Bulletin) |
| Fifth child | No statutory paternity leave; company policy may grant discretionary leave. | — |
| Adoption | Not covered under RA 8187; see Parental Leave for Solo Parents and Adoption Leave (RA 8552). | — |
8 | Best-practice compliance checklist for employers
- Integrate paternity-leave rules in the employee handbook and circulate an easy-to-use form.
- Automate flagging of the 60-day exhaustion window in HRIS/payroll.
- Accept electronic copies of PSA documents to avoid delays.
- Train supervisors to plan work coverage proactively and prohibit subtle retaliation (e.g., demotion on return).
- Audit payroll files yearly against birth records to catch missed payments.
9 | The road ahead
While the Philippines already mandates employer-paid paternity leave, the 7-day cap is one of the shortest in ASEAN. Business groups and worker advocates generally back an extension, but differ on funding (full employer vs. shared SSS pool). Keep an eye on HB 4430 and kindred senate bills; if enacted, policies and payroll systems will need comprehensive rewrites. (Manila Bulletin)
Key take-away
Under current law, an employer’s duty is simple but non-negotiable: pay every qualified married male worker his full 7-day paternity leave wage, honour any additional days the mother lawfully transfers, and do so without delay, deduction or retaliation. Solid documentation and clear policy are the employer’s best defences—and strongest tools for fostering a family-friendly workplace.