In the Philippines, the birth of a child is a milestone that grants working fathers the right to take a short, paid leave of absence to support their partners. However, there is often significant confusion regarding who carries the financial burden of this benefit: the employer, the Social Security System (SSS), or the Department of Labor and Employment (DOLE)?
Below is a comprehensive guide to the legal framework of Paternity Leave under Philippine law.
1. The Core Rule: Is it Reimbursable?
Unlike Maternity Leave, which is a benefit funded and reimbursed by the Social Security System (SSS), Paternity Leave is NOT reimbursable.
Under Republic Act No. 8187, also known as the Paternity Leave Act of 1996, the cost of paternity leave is borne entirely by the employer. It is a direct benefit provided by the company to its eligible male employees. Neither the SSS nor DOLE will refund an employer for the salaries paid to a father while he is on paternity leave.
2. Eligibility Requirements
To qualify for the seven (7) days of paid paternity leave, a male employee must meet the following criteria:
- Employment Status: He must be currently employed at the time of the delivery.
- Marital Status: He must be legally married to the mother of the child. (Note: Fathers in common-law relationships or "live-in" setups do not qualify under RA 8187).
- Living Arrangement: He must be cohabiting with his legitimate spouse at the time she gives birth or suffers a miscarriage.
- Frequency: The benefit is available for the first four (4) deliveries (including miscarriages) of the legitimate spouse.
- Notification: The employee must notify his employer of the pregnancy and the expected date of delivery within a reasonable timeframe.
3. Duration and Compensation
- Duration: 7 calendar days with full pay.
- Components of Pay: This includes the basic salary and all regular allowances and benefits that the employee usually receives.
- Usage: The leave can be taken before, during, or after the delivery, provided the total days do not exceed seven per delivery. It must be used within a reasonable period from the date of delivery (usually within 60 days).
4. Paternity Leave vs. Expanded Maternity Leave (The 7-Day Transfer)
With the enactment of Republic Act No. 11210 (The 105-Day Expanded Maternity Leave Law), there is an additional option for fathers:
- The Transfer Option: A female worker entitled to 105 days of maternity leave can choose to allocate up to seven (7) days of her leave credits to the child’s father, regardless of whether they are married.
- The Difference: This "allocated leave" is distinct from the 7-day Paternity Leave under RA 8187.
- If the father is married to the mother, he can potentially enjoy 14 days of total leave (7 days from RA 8187 + 7 days allocated from the mother).
- Unlike the original Paternity Leave, these allocated 7 days are effectively part of the SSS maternity benefit. However, the administrative process usually involves the employer paying the father and the mother's SSS benefit being adjusted.
5. Summary Table
| Feature | Paternity Leave (RA 8187) | Allocated Maternity Leave (RA 11210) |
|---|---|---|
| Paid By | Employer | SSS (via the Mother's benefit) |
| Reimbursable? | No | Yes (as part of Maternity Leave) |
| Marriage Required? | Yes | No |
| Max Deliveries | First 4 only | No limit (linked to mother's limit) |
6. Non-Compliance and Penalties
Employers who refuse to grant Paternity Leave or fail to pay the mandated salary during the leave period are in violation of the law. Under RA 8187, a fine of up to ₱25,000 or imprisonment of up to six months can be imposed upon conviction.
Conclusion
For HR departments and business owners, it is vital to budget for Paternity Leave as a company expense. While the SSS handles the heavy lifting for mothers, the law places the responsibility of supporting new fathers directly on the shoulders of the employer to foster a family-centric work environment.
Would you like me to draft a formal Paternity Leave Notification Letter that an employee can submit to their HR department?