PATERNITY LEAVE
I I. CONDITIONS OF AVAILMENT
II A. Who are entitled?
Male private and government employees who are legally married and living with their legitimate
wives, regardless of their employment status (Regular, probationary, casual, project, seasonal,
fixed-term)
B. Requirements
• Must be employed at the time of childbirth
• Has a wife who is pregnant, has given birth or have had miscarriage which has not happened
four times
• Legally married and living with his wife
• Must notify employer within a reasonable time of the wife’s pregnancy and the expected
delivery date (Not required for cases of miscarriage)
I II. AVAILMENT OF BENEFITS
II • Eligible for up to 18 weeks of paid leave to be utilized within the 12 months from the
date of birth of the child.
III • Paternity leave benefits are granted to the qualified employee after 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 should not exceed seven (7) calendar days
for each delivery to be availed within sixty (60) days from delivery or miscarriage
IV • After availing paternity leave benefits, the employee needs to submit a copy of the
newborn’s birth certificate. In case of a miscarriage, submit a medical or death certificate.
A. How to Apply?
1. For Private Employees (General Process)
a. Notify the company’s HR Department about the miscarriage or pregnancy and the expected
due date.
b. Fill out a Paternity Notification Form and submit along with a copy of the marriage certificate.
(Note: Depending on the employer, photocopies of ultrasound results or other medical records as
proof of pregnancy may be required)
2. For Government Employees (General Process)
a. Accomplish and file the Application Leave form (CS. Form No. 6, Revised 2020) within a
reasonable period, e.g., 1 week prior the expected delivery except for miscarriage and abnormal
deliveries.
b. The approval of the leave shall be mandatory on the part of the approving authority, unless
the services of the male employee are urgently needed to preserve life and property in which
case, the employee shall be entitled to overtime pay
c. Upon availing the paternity leave, he must furnish a copy of his marriage license, birth
certificate of the newborn child or medical certificate with pathology report in case of
miscarriage signed by the attending physician or midwife with the actual date of delivery
I III. BENEFITS
II • The employee is entitled to his full pay, consisting of basic salary, for the seven (7)
calendar days during which he is allowed not to report for work provided that his pay shall not
be less than the mandated minimum wage
III • The leave credit is equal to the basic salary, including mandatory and/or integrated
allowances.
IV • The benefits shall apply to the first four (4) deliveries of the qualified male employee’s
lawful wife. The employee availing of the paternity benefits must be cohabiting with his wife.
Note: According to DOLE, the benefit is seven CALENDAR DAYS, and not working days.
Note: The criteria of "cohabiting" refers to the obligation of the husband and wife to live together
unless there is a justifying circumstance for them to leave separately. This may include situations
wherein either or one of them may be required to live elsewhere due to work, as well as due to
medical reasons.
I IV. TREATMENT OF BENEFIT
II • The seven (7) day paternity leave, if not availed of, shall not be convertible to cash.
III • The benefit is not cumulative; hence, unused benefit cannot be added to the next
delivery or miscarriage.
IV • If the existing paternity leave benefit under the collective bargaining agreement,
contract, or company policy is greater than seven (7) calendar days as provided for in RA 8187,
the greater benefit shall prevail.
V • If the existing paternity leave benefit is less than that provided in RA 8187, the employer
shall adjust the existing benefit to cover the difference.
I V. PENALTY
II • Offender: Any person, corporation, trust, firm, partnership, association, or entity
III • Penalty: Fine not exceeding P25,000.00 or imprisonment of not less than 30 days nor
more than 6 months.
(Note: If the violation is committed by a corporation, trust or firm, partnership, association or any
other entity, the penalty of imprisonment shall be imposed on the entity’s responsible officers,
including, but not limited to, the President, Vice President, Chief Executive Officer, General
Manager, Managing Director, or Partner directly responsible therefor.)
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RESOURCES:
“Republic Act No. 8187: AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL
PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE
FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING
AND FOR OTHER PURPOSES.” Official Gazette of the Republic of the Philippines, 11 June 1996,
https://www.officialgazette.gov.ph/1996/06/11/republic-act-no-8187/.
2020 Handbook on Workers' Statutory Monetary Benefits - Department of Labor and Employment.
https://bwc.dole.gov.ph/images/Handbook/2020Handbook_20Feb20.pdf.
Zoleta, Venus. A Working Dad's Guide to Paternity Benefits in the Philippines, Moneymax, 16 June
2022, https://www.moneymax.ph/government-services/articles/paternity-benefits-philippines.
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8187 FOR THE PRIVATE
SECTOR. https://www.chanrobles.com/PDF.LAWS/IMPLEMENTING%20RULES%20AND
%20REGULATIONS%20OF%20REPUBLIC%20ACT%20NO.%208187%20FOR%20THE
%20PRIVATE%20SECTOR.pdf.
Guevarra, Paio. “CSC Resolution No. 2100020 Re: Amendment to the Omnibus Rules on Leave (CSC
Memorandum Circular No. 41, s. 1998, as Amended) to Align Its Provisions with Republic Act No. 11210
or the ‘105-Day Expanded Maternity Leave Law’ and Its Implementing Rules and Regulations.” CSC
Issues New Rules on Maternity, Adoption Leave for Gov't Workers, http://www.csc.gov.ph/new-
updates/2098
