1) Legal basis and policy

Paternity leave in the Philippines is principally governed by Republic Act No. 8187 (the “Paternity Leave Act of 1996”) and its implementing rules. The law recognizes that a father should have time to support his spouse and newborn (or to deal with a miscarriage) while protecting his employment and pay.

Paternity leave under RA 8187 is a statutory leave benefit—it is not a discretionary company perk. Employers must grant it when legal conditions are met.

2) Who is covered (private and public sector)

Covered employees generally include:

Married male employees in the private sector, regardless of employment status (regular, probationary, fixed-term, project, seasonal), as long as there is an employer–employee relationship at the time of availing; and
Married male government employees, subject to civil service rules consistent with RA 8187.

Not covered (as paternity leave under RA 8187, strictly speaking):

Unmarried fathers (even if the child is acknowledged), because RA 8187 conditions the benefit on marriage to the mother; and
Persons who are not “employees” (e.g., many independent contractors), unless a contract or policy voluntarily provides an equivalent benefit.

3) Core eligibility requirements (RA 8187)

To be entitled to paternity leave under RA 8187, the employee must generally satisfy all of the following:

He is a married man.
He is legally married to the child’s mother (the “legitimate spouse” requirement).
He is cohabiting with his spouse (living together) at the time of childbirth or miscarriage.
He is employed at the time of the childbirth or miscarriage.
The leave is being availed for the first four (4) deliveries of the legitimate spouse, including miscarriage.

Important limit: “first four deliveries.” The statutory paternity leave benefit under RA 8187 is available only up to the first four childbirths/miscarriages of the legitimate spouse during the marriage. The counting is event-based (each delivery/miscarriage is one instance).

Miscarriage coverage. RA 8187 expressly includes miscarriage (historically referred to in the law’s wording), so paternity leave applies even when there is no live birth.

4) How many days: “days credited” and how to count them

Entitlement: Seven (7) days paternity leave with full pay for each covered childbirth or miscarriage, subject to the “first four deliveries” limit.

Calendar days, not working days. The 7 days are generally treated as calendar days, meaning weekends and holidays are counted if they fall within the leave period. Practically, this matters because 7 calendar days may be fewer than 7 workdays in many schedules.

When it may be used. Paternity leave may be taken to support the spouse before, during, or after childbirth/miscarriage, but it must be enjoyed within a limited window tied to the delivery (commonly implemented as within 60 days from the date of delivery/miscarriage in practice and rules). Company policy may require earlier notice but cannot remove the statutory benefit.

Not cumulative; not convertible to cash. Unused paternity leave is generally not carried over and not convertible to cash, unless a more favorable company policy or CBA grants better terms.

5) “Full pay”: what must be paid during paternity leave

Paternity leave is employer-paid (not an SSS reimbursement benefit by default).

Full pay is commonly implemented to include:

The employee’s basic salary, and
Mandated or regularly paid wage-related allowances that form part of the employee’s regular compensation (commonly including COLA where applicable), consistent with wage rules and established company practice.

Practical rule for employers: Pay the employee as if he reported for work during the leave, based on the employee’s normal pay computation method (monthly, daily, hourly, piece-rate). For variable-pay arrangements, employers commonly use an average daily rate consistent with how similar paid leaves are computed, unless a CBA/policy provides a clearer and more favorable formula.

6) Notice and documentation: how to properly avail

Employers may require reasonable notice and supporting documents, but requirements must remain practical and not defeat the purpose of the law.

Common lawful requirements include:

Prior notice to the employer of the spouse’s pregnancy and expected due date (if foreseeable), and/or notice “within a reasonable time” when unforeseeable;
A paternity leave application or leave form;
Proof of entitlement such as:
- Marriage certificate (to establish the legitimate spouse requirement),
- Medical certificate or proof of pregnancy / expected delivery,
- Birth certificate or certification of delivery after childbirth,
- Medical certificate or certification in cases of miscarriage.

Best practice for employees: Submit notice as soon as practicable and provide the documents promptly, especially when the leave is requested after delivery.

7) Interaction with other Philippine leave laws (what paternity leave is—and isn’t)

A. Paternity leave (RA 8187) vs. “allocated” maternity leave (RA 11210)

The Expanded Maternity Leave Law (RA 11210) allows a female worker to allocate up to seven (7) days of her maternity leave to the child’s father (whether married or not, depending on the rules and the mother’s designation) or, in certain cases, to an alternate caregiver if the father is absent, deceased, or incapacitated.

Key differences:

RA 8187 paternity leave is a separate, father-specific entitlement (7 days with full pay), conditioned on marriage/cohabitation and limited to first four deliveries.
Allocated maternity leave under RA 11210 is taken from the mother’s maternity leave, subject to her election and compliance requirements; in the private sector, it is tied to the maternity benefit system and employer processing.

Can a father get both? In practice, where applicable and properly documented:

A married father who qualifies under RA 8187 may take 7 days paternity leave, and
If the mother validly allocates up to 7 days under RA 11210, the father may also receive that allocated leave, subject to the implementing rules and employer processing.

This can result in more time off than 7 days, but the two leaves arise from different legal bases and have different conditions.

B. Not the same as other leaves

Solo Parent Leave (RA 8972, as amended): A separate leave benefit (typically 7 working days) for qualified solo parents—different eligibility and purpose.
Service Incentive Leave (Labor Code): A separate 5-day leave for eligible employees.
Company/CBA leaves: Employers can always grant more favorable paternity or parental leave benefits, and many do.

8) Employer compliance: duties, common violations, and enforcement

A. Employer obligations

Employers should:

Recognize paternity leave as mandatory when statutory conditions are met.
Maintain clear internal procedures (forms, required documents, timelines).
Pay the leave properly (full pay, timely payroll inclusion).
Keep leave records to track usage and the “first four deliveries” limitation.
Avoid retaliation or discrimination for availing statutory leave.

B. Common noncompliance scenarios

Denying leave because the employee is probationary/contractual (coverage is not limited to regular employees if there is an employment relationship).
Miscounting the leave as 7 working days (it is typically 7 calendar days).
Refusing leave for miscarriage (miscarriage is covered).
Imposing unreasonable documentary burdens or refusing urgent leave due to paperwork delays.
Treating paternity leave as convertible to cash only, instead of granting time off (the statutory design is time off with pay).

C. Remedies and where complaints are filed

Private sector: Complaints commonly go through the labor enforcement and dispute mechanisms (e.g., through DOLE channels for labor standards enforcement and/or appropriate labor dispute fora depending on the nature of the claim).
Public sector: Issues are typically handled under civil service rules and agency procedures, with escalation to appropriate administrative bodies as applicable.

D. Statutory penalties

RA 8187 provides criminal penalties for willful refusal to grant the benefit (fine and/or imprisonment within ranges provided by the law), without prejudice to other liabilities and the employee’s monetary claims where applicable. In practice, enforcement often begins with labor standards compliance measures and administrative processes, with criminal prosecution reserved for appropriate cases.

9) Practical compliance guide (quick reference)

For employees (to secure entitlement):

Confirm you meet RA 8187 requirements (married to the mother, cohabiting, employed, within first four deliveries).
Notify HR/supervisor as early as possible.
File the leave form and submit proof (marriage certificate + proof of childbirth/miscarriage).
Specify leave dates within the allowable window.

For employers/HR (to comply and reduce disputes):

Use a checklist: marriage + cohabitation + employment + event within first four deliveries.
Count correctly as 7 calendar days unless company policy grants more.
Pay “as if worked” during the leave.
Coordinate paternity leave (RA 8187) separately from any allocated leave under RA 11210.
Document approvals/denials with reasons grounded in the statute, not assumptions.

10) Frequently asked questions (Philippine setting)

1) Does paternity leave apply to Caesarean delivery? Yes. Mode of delivery does not remove entitlement.

2) If the employee and spouse live separately, is he still entitled? RA 8187 requires cohabitation with the spouse at the time of childbirth/miscarriage. Employers commonly look for a good-faith basis to determine cohabitation; rigid proof standards should be avoided, but the legal requirement remains.

3) Can an employer require that paternity leave be taken continuously? Paternity leave is commonly taken as a continuous block because it is short and tied to a specific event. Employers may set reasonable rules for scheduling, but they cannot nullify the benefit or make it impracticable.

4) Is paternity leave available for the 5th child? Not under RA 8187’s statutory entitlement (it is limited to the first four deliveries/miscarriages of the legitimate spouse), unless the employer grants a more favorable policy.

5) What if the parents are not married? RA 8187 paternity leave is for married fathers with a legitimate spouse. However, other benefits (like allocated maternity leave under RA 11210, if the mother chooses to allocate) may still be relevant depending on the rules and documentation.

6) Is paternity leave deducted from service incentive leave/vacation leave? No. It is a distinct statutory leave benefit.

11) Bottom line

Under Philippine law, paternity leave (RA 8187) is a mandatory 7-calendar-day leave with full pay for a married, cohabiting male employee, granted for each childbirth or miscarriage of his legitimate spouse, limited to the first four such events. Employer compliance centers on correct eligibility screening, correct day-counting, full-pay computation, and non-retaliation—while properly distinguishing RA 8187 paternity leave from other family-related leave rights such as the allocated leave feature under RA 11210.