Handbook on Workers' Statutory Monetary Benefits (2024)

Parental Leave For Solo Parents: Definition

Parental leave refers to the paid leave granted to a qualified solo parent to enable the performance of parental duties and responsibilities where physical presence is required or beneficial to the child.

Parental Leave For Solo Parents: Coverage

This benefit applies to all employees who belong to the following categories of solo parents: 1. A parent who provides sole parental care and support of the child or children due to – a. Birth as a consequence of rape, even without final conviction: Provided, That the mother has the sole parental care and support of the child or children: Provided, further, That the solo parent under this category may still be considered a solo parent under any of the categories in this section; b. Death of the spouse; c. Detention of the spouse for at least three months or service of sentence for a criminal conviction; d. Physical or mental incapacity of the spouse as certified by a public or private medical practitioner; e. Legal separation or de facto separation for at least six months, and the solo parent is entrusted with the sole parental care and support of the child or children; f. Declaration of nullity or annulment of marriage, as decreed by a court recognized by law, or due to divorce, subject to existing laws, and the solo parent is entrusted with the sole parental care and support of the child or children; or g. Abandonment by the spouse for at least six months; 2. Spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of the child or children of an OFW: Provided, That the said OFW belongs to the low/semi-skilled worker category and is away from the Philippines for an uninterrupted period of 12 months: Provided, further, That the OFW, his or her spouse, family member, or guardian of the child or children of an OFW falls under the requirements of this section; 3. Unmarried mother or father who keeps and rears the child or children; Known as the “Expanded Solo Parents Welfare Act.” Enacted on 04 June 2022. 4. Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children; 5. Any relative within the fourth civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children as a result of the death, abandonment, disappearance or absence of the parents or solo parent for at least six months: Provided, That in cases of solo grandparents who are senior citizens but who have the sole parental care and support over their grandchildren who are unmarried, or unemployed and 22 years old or below, or those 22 years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, they shall be entitled to the benefits of Republic Act No. 8972, as amended in addition to the benefits granted to them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior Citizens Act of 2003’; or 6. A pregnant woman who provides sole parental care and support to the unborn child or children. For the purpose of this leave benefit, the following terms shall mean: “Children” or “dependents” refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and 22 years old or below, or those over 22 years old but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. “Parental care and support” refer to the acts of providing for the basic needs, health care, mental and physical safety, emotional support and formation of the personality of the child.

Parental Leave For Solo Parents: Duration

In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than seven working days with pay every year shall be granted to any solo parent employee, regardless of employment status, who has rendered service of at least six months. Only a solo parent exercising sole parental care and support of the child or children is entitled to claim the benefits of a solo parent under the law. A solo parent shall not lose his or her status as solo parent if the other parent provides occasional assistance and/or seasonal gifts that do not meet the legal requirement of support under The Family Code of the Philippines. Moreover, the absence of a valid and legal marriage between the mother and father of a child or dependent does not automatically entitle either individual to the benefits under the law if the factual circumstances demonstrate that parental care and support are shared. In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously by the employer and the employee. If there is an existing or similar benefit under a company policy or a collective bargaining agreement, the same shall be credited as such. If the same is greater than the seven days provided for in Republic Act No. 8972, as amended, the greater benefit shall prevail. Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under Republic Act No. 8972, as amended.

Parental Leave For Solo Parents: Conditions for Entitlement

A solo parent shall be entitled to parental leave provided that: 1. They have rendered at least six months of service, whether continuous or broken, at the time of the effectivity of Republic Act No. 11861 ; 2. They have notified their employer of the availment thereof within a reasonable time; and 3. They have presented a valid Solo Parent Identification Card (SPIC). Qualified solo parents may apply for their SPIC at the Social Welfare and Development Officer of the city or municipality of their residence.

Parental Leave For Solo Parents: Frequency of Availment

The parental leave of seven working days with pay shall be granted every year. When a solo parent ceases to be such by reason of change of status and circumstances, the said solo parent shall be ineligible to avail of the solo parent benefits. RA 11861 was published on 30 June 2022 in Daily Tribune and took effect on 15 July 2022.