(Philippine legal context, private and public sectors)

1) The core rule: paternity leave attaches to the delivery or miscarriage

Under the Paternity Leave Act of 1996 (Republic Act No. 8187) and its rules, a married male employee is entitled to seven (7) days with full pay for each of the first four (4) deliveries of his legitimate spouse with whom he is cohabiting. “Delivery” under the rules covers childbirth or miscarriage. In government, the Civil Service Commission (CSC) grants the same 7-day paternity leave to qualified male employees.

Timing anchor: By design, the paternity-leave entitlement is triggered by the delivery (or miscarriage) itself. As a result, the legally safe baseline is that the leave is availed on or after the date of childbirth or miscarriage, within a limited window (commonly implemented as within sixty (60) days from the date of delivery/miscarriage).

Practical effect: When the pregnant spouse is hospitalized before childbirth (e.g., threatened preterm labor, bed rest, scheduled C-section next week), the statute does not expressly authorize using paternity leave before the birth. Employers who allow pre-delivery use are doing so as a policy/CBA accommodation, not because the law compels it.

2) Hospitalization before childbirth: what leave is legally safe to use before the birth?

Before the baby is born (or a miscarriage occurs), the father typically relies on other leave mechanisms, for example:

Company-granted leaves (e.g., emergency leave, family care leave), if any;
Vacation leave or leave without pay;
Sick leave (if company policy allows for family medical attendance);
Flexible work arrangements (reduced hours, remote work, offsetting).

Once the child is born (or a miscarriage is medically certified), he can start or continue the 7-day paternity leave within the statutory window, even if he used other leaves immediately prior.

3) Can paternity leave be split or staged around the hospitalization?

The law guarantees the 7 paid days; how they are scheduled is often left to policy and reasonable employer control so operations aren’t unduly disrupted. Common—and legally safe—implementations:

Start on the day of delivery (or immediately after), then take the remaining days intermittently within the 60-day window to attend checkups, post-partum care, newborn screenings, or discharge/room-in transitions.
Continuous 7 days counted as working days (the prevailing practice in both sectors), unless the CBA/handbook specifies otherwise.

Key constraint: Whatever the scheduling, the days should be completed within the allowed post-delivery window; unused days generally expire after that window and aren’t convertible to cash.

4) Documents & notices (what HR usually needs)

Private sector (RA 8187):

Advance notice that the spouse is pregnant, with the expected date of delivery (except when impossible, e.g., sudden miscarriage).
After the event: proof of delivery or miscarriage (e.g., birth certificate or medical certificate).
Marriage certificate and, if asked, proof of cohabitation (e.g., barangay certificate, joint IDs/utility bills).

Government sector (CSC rules):

Similar proofs; agencies may have their own forms and require filing within a set period after the birth/miscarriage.

Tip: If pre-delivery hospitalization is involved, file an initial leave (vacation/emergency) for the hospital days, then, upon birth, switch to paternity leave or schedule the balance within the window.

5) Scope, eligibility, and edge cases

Who is covered?
- Private sector: Married male employees; any employment status (regular, project/contract, seasonal) as long as he is employed at the time of delivery/miscarriage and meets the cohabitation requirement.
- Government: Male employees per CSC rules; 7 working days for each of the first four deliveries of the legitimate spouse.
Number of times: Up to the first four deliveries. Multiple births (twins, etc.) count as one delivery.
Miscarriage or stillbirth: Covered as a “delivery” for purposes of the 7-day leave; a medical certificate is standard.
Pay computation: “Full pay” generally tracks the employee’s basic salary plus COLA; other allowances (e.g., transport, meal, rice) follow company policy/CBA. Paternity leave is employer-paid, not SSS-reimbursed.
Cohabitation & legitimacy: RA 8187 requires that the wife be a legitimate spouse and that the employee is cohabiting with her. If either element is missing, the statutory paternity leave does not apply (though employers may choose to extend an equivalent benefit).

6) Interaction with the Expanded Maternity Leave Law (EMLL, RA 11210)

The EMLL did not expand paternity leave. However, it created a separate, transferable benefit:

The mother (private or public sector) may allocate up to seven (7) days of her 105-day maternity leave to the child’s father, regardless of marital status, or to an alternate caregiver (subject to eligibility and employer/SSS or agency documentation).
This allocated leave is in addition to the father’s 7-day paternity leave if he is eligible for paternity leave.
Timing: Because the mother’s leave vests upon childbirth (or emergency termination), the allocated days likewise run post-delivery, not during pre-delivery hospitalization.

Bottom line: For a married, cohabiting father in the private sector, a common lawful package is 7 days paternity leave plus up to 7 days allocated from the mother’s maternity leave—all after the birth.

7) Company-level enhancements and CBAs

Many employers (or CBAs) improve on the legal minimum by allowing:

Pre-delivery use of some or all 7 days when the spouse is hospitalized before childbirth;
More than 7 days of paid partner/parental leave;
Broader coverage (e.g., for unmarried partners or domestic partners);
Longer windows or more flexible intermittent use.

These enhancements are contractual, not statutory; always check the handbook/CBA.

8) Compliance pitfalls & practical tips

Don’t spend the 7 days before the birth unless your company policy/CBA explicitly permits it. Otherwise, use vacation/emergency leave for the hospitalization days and reserve the statutory 7 days for after the delivery.
File notices early. Pre-birth hospitalization often triggers cascading leaves; line up your documentation so HR can flip you to paternity leave on the birth date.
Plan the split. If mom and baby will remain admitted for a few days, consider using 2–3 days immediately (delivery, discharge) and keep remainder for newborn checkups or post-partum visits—all within 60 days.
Combine benefits legally. If eligible, pair paternity leave with allocated maternity-leave days (EMLL) for a longer, lawful post-birth presence.
No cash conversion. Unused paternity-leave days expire; they’re not convertible to cash and generally can’t be carried over.

9) Quick answers to common questions

Q: My wife is admitted two weeks before a scheduled C-section. Can I start paternity leave now? A: Not by statute. Use other leaves for the pre-birth hospital days. Begin paternity leave on/after the delivery (unless your employer’s policy/CBA allows pre-delivery use).
Q: We’re not married but live together. Do I get paternity leave? A: Statutory paternity leave requires marriage and cohabitation. You may still receive allocated days from the mother’s EMLL entitlement (if both of you are employed and requirements are met) or a company-granted partner/parental leave if available.
Q: Can I take the 7 days in parts? A: Typically yes, if finished within 60 days from delivery and coordinated with HR.
Q: Does miscarriage qualify? A: Yes. The 7-day leave applies upon miscarriage, supported by a medical certificate.

10) Action checklist for fathers facing pre-delivery hospitalization

Notify HR of the hospitalization and expected delivery date; request approval for non-paternity leave for the pre-birth days.
Prepare documents: marriage certificate; proof of cohabitation (if asked); later, birth certificate or medical certificate (miscarriage).
Map your 60-day window from the date of delivery/miscarriage; schedule paternity-leave days (continuous or split).
Ask about EMLL allocation: if eligible, have the mother execute the allocation so you can add up to 7 more days after birth.
Check the handbook/CBA for any enhanced parental-leave benefits or pre-delivery allowances.

Bottom line

For pre-delivery hospitalization, Philippine law does not require employers to start paternity leave before childbirth. The legally certain route is: use other leave while the spouse is hospitalized before the birth, then take the statutory 7 paid days (and any allocated maternity-leave days) after the delivery or miscarriage, within the prescribed window—unless your company/CBA lawfully grants a more flexible or generous scheme.