Handbook on Workers' Statutory Monetary Benefits (2024)

Paternity Leave: Definition

Paternity leave refers to the paid leave granted to a married male employee allowing him to lend support to his lawful wife during her period of recovery and/or in nursing of their newborn child, including miscarriage.

Paternity Leave: Coverage

This benefit applies to all married male employees, regardless of their employment status (e.g., probationary, regular, contractual, project basis).

Paternity Leave: Duration

The paternity leave grants male employees his full pay for the seven days during which he is allowed not to report for work. This is granted to an employee after the delivery by his wife, without prejudice to an employer allowing an employee to avail of the benefit before or during the delivery; Provided, that the total number of days shall not exceed seven days for each delivery. In the event that the paternity leave is not availed of, said leave shall not be convertible to cash. Where a male employee is already enjoying the paternity leave benefits by reason of contract, company policy or collective bargaining agreement, the following rules shall apply: a. If the existing paternity leave benefit is greater than the benefit herein provided, the greater benefit shall prevail; and b. If the existing paternity leave is less than that provided herein, such existing benefit shall be adjusted to the extent of the difference. However, where a contract, company policy or collective bargaining agreement provides for an emergency or contingency leave without specific provisions on paternity leave, the paternity leave as provided in Republic Act No. 8187 shall apply in full.

Paternity Leave: Conditions for Entitlement

A married male employee shall be entitled to paternity leave provided that: 1. He is an employee at the time of the delivery of his child; 2. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage; 3. He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in case of miscarriage; and 4. His wife has given birth or suffered a miscarriage. For this purpose, “cohabiting” means the obligation of the husband and wife to live together. If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit.

Paternity Leave: Frequency of Availment

Paternity leave benefit shall apply to the first four deliveries of the employee’s lawful wife with whom he is cohabiting.