In the Philippines, the concept of parental responsibility has evolved significantly within the legal framework. Central to this evolution is Republic Act No. 8187, also known as the Paternity Leave Act of 1996. This law recognizes the vital role of fathers in providing support to their wives during the period of recovery and in the care of their newborns.

However, a recurring point of confusion for both employers and employees is the calculation of the leave duration—specifically, whether weekends and rest days are included in the mandated seven days.

1. The Core Benefit: Is it 7 Days?

Under R.A. 8187, every married male employee in the private and public sectors is entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.

The "Working Day" Rule

The most critical clarification provided by the Implementing Rules and Regulations (IRR) of the Paternity Leave Act is that the seven days are counted as working days.

The Verdict on Weekends: If an employee’s regular work schedule is Monday to Friday, and he files for paternity leave, Saturdays and Sundays (his scheduled rest days) are not counted against the seven-day entitlement.

For example, if a father starts his leave on a Thursday, his seven days would be Thursday, Friday, Monday, Tuesday, Wednesday, Thursday, and Friday. He would return to work on the following Monday.

2. Eligibility Requirements

To qualify for paternity leave, the following conditions must be met:

Marriage: The employee must be lawfully married to the mother of the child.
Cohabitation: The employee must be living with his legitimate spouse at the time she gives birth or suffers a miscarriage.
The Event: The benefit applies to the first four deliveries (including abortions or miscarriages) of the legitimate spouse.
Notification: The employee must notify his employer of the pregnancy of his legitimate spouse and the expected date of delivery within a reasonable period.

3. Usage and Timing

The law is designed to provide immediate support. Therefore, paternity leave should be used after the delivery. However, the rules allow for flexibility:

The leave can be taken before, during, or after the delivery, provided the total number of days does not exceed seven working days for each delivery.
The benefit must be used within a reasonable period from the date of delivery, typically understood as the period of the wife's recovery (approximately 60 days).

4. Paternity Leave vs. Expanded Maternity Leave (R.A. 11210)

With the enactment of Republic Act No. 11210 (The 105-Day Expanded Maternity Leave Law), fathers can now receive additional time off.

A female employee entitled to maternity leave benefits may elect to allocate up to seven (7) days of her 105-day leave to the child's father, regardless of whether or not they are married.

Total Potential Leave: If the father is married to the mother, he can have his original 7 days (R.A. 8187) plus the 7 allocated days (R.A. 11210), totaling 14 working days of paid leave.
Unmarried Fathers: While unmarried fathers are not eligible under R.A. 8187, they are eligible to receive the 7 allocated days from the mother under R.A. 11210.

5. Non-Commutability to Cash

It is important to note that paternity leave is not a "use it or lose it" credit that can be converted to cash. If the employee does not avail of the leave, he is not entitled to its cash equivalent at the end of the year or upon separation from the company.

Summary Table: Paternity Leave Quick Facts

Feature	Detail
Duration	7 Working Days
Weekends/Rest Days	Excluded (Not counted)
Full Pay	Yes (Basic salary + allowances)
Maximum Instances	First 4 deliveries/miscarriages
Allocated Leave	+7 days from mother (Optional under R.A. 11210)

Understanding these nuances ensures that fathers can maximize their time with their growing families without fear of losing wages or miscalculating their return to work.

Would you like me to draft a formal letter of notification for paternity leave that you can use for an employer?