In the Philippines, paternity leave is an important benefit for expectant fathers. As a dad-to-be, it is crucial to understand the details of SSS paternity benefits, including how long they last and how they can be availed.
In this article, we will answer some of the most common topics about paternity leave in the Philippines to help soon-to-be dads navigate this important aspect of parenthood. Keep on reading to learn more.
Paternity leave in the Philippines is a type of paid leave granted to male employees who are new fathers. It aims to provide fathers with the opportunity to bond with their newborn child and support their spouse during the crucial early stages of parenthood.
The law grants male employees a total of seven days of paternity leave, with full pay, to be availed of either continuously or intermittently within 60 days from the child’s birth or from the date of the child’s hospital discharge, whichever comes later.
The provision of paternity leave in the Philippines is seen as an important step towards promoting gender equality and work-life balance, as well as recognizing the important role that fathers play in the care and upbringing of their children.
What Benefits Can I Claim as a New Father?
When it comes to benefits for new parents in the Philippines, it’s important to know that paternity leave is a different ballgame from the maternity benefits provided by PhilHealth and SSS. Unlike maternity leave, which is explicitly mentioned in the Philippine Labor Code, paternity leave is not.
But don’t fret, there are laws in place that grant new fathers paternity leave benefits. The Paternity Leave Act of 1996, also known as Republic Act 8187, provides male employees with a total of 7 days of paternity leave with full pay to be taken within 60 days from the child’s birth or from the date of the child’s hospital discharge, whichever comes later. In addition, the Allocation of Maternity Leave Credits under Section 6 of Republic Act 11210 also allows new mothers to allocate a portion of their maternity leave credits to the child’s father, providing even more flexibility for new parents.
So, while the process may be a bit different from the more well-known maternity benefits, it’s important to know that paternity leave is available and can be a valuable resource for new fathers. By taking advantage of these benefits, fathers can bond with their newborn child and support their partner during the early stages of parenthood.
The Paternity Leave Law
Under RA 8187, paternity leave is a welcome respite for new fathers, offering them the opportunity to be there for their partner and newborn during the crucial early stages of parenthood.
During these seven (7) days, fathers can bond with their children, support their partners as they recover, and help ease the burden of child-rearing.
It’s important to note, however, that these seven days of paternity leave come with a caveat. Fathers are entitled to their basic salary, allowances, and other monetary benefits, but nothing more.
This means that any additional benefits or perks that an employee may have received before their paternity leave, such as bonuses or overtime pay, may not be included during their time off.
That being said, there are some companies that offer paid paternity leave that’s longer than the government-mandated seven days.
These additional days can be a significant help for new fathers who may need more time to adjust to their new family dynamic.
It’s always worth checking with your employer to see if they offer any additional paternity leave benefits beyond the legal requirements.
Allocation of Maternity Leave Credits Under Section 6 of RA 11210
While the seven-day paternity leave provided by law may not be enough for new fathers to fully support their wives who are recovering from childbirth, there are options available to extend their time off.
By working around their wife’s maternity leave, new fathers can take advantage of the 105-Day Expanded Maternity Leave Law under RA11210, which provides female workers in private and government sectors with a longer period of paid leave.
- Paternity leave in the Philippines is only seven days with full pay, which may not be enough for new fathers to support their wives during the postpartum period.
- The 105-Day Expanded Maternity Leave Law under RA11210 provides female workers in private and government sectors with 105 days of maternity leave with full pay, and an additional 30 days without pay.
- Solo mothers who are eligible by law are granted an additional 15 days of maternity leave.
- Fathers can extend their leave by having their wives transfer seven days of their maternity leave credits, as stated in RA 11220 Section 6.
- The mother can still enjoy 98 days of maternity leave while the father can have an extended paternity leave.
- To avail of this benefit, the father must currently be employed.
How Many Days Is Paternity Leave in the Philippines?
It’s important for new fathers in the Philippines to know that they now have the option to avail of up to 14 days of paternity leave. This is a significant improvement from the previous provisions, which only allowed for 7 days of paid leave.
Under the Expanded Maternity Leave, new mothers can choose to transfer up to 7 days of their maternity leave credits to their spouse, effectively granting an additional week of paternity leave. This means that fathers can now have a total of 14 days to bond with their newborn child and support their partner during the crucial early stages of parenthood.
By taking advantage of these benefits, fathers can play an active role in caring for their children and contribute to a more balanced and equitable approach to parenting.
Eligibility for Paternity Leave
It can be disappointing to learn that paternity leave is not available for male employees who are not married or living with their partners.
This can be especially difficult for those who may be in a committed relationship but have not yet taken the step of getting married.
However, there is some good news for those in this situation. Under the Expanded Maternity Leave Law, a mother can transfer her leave credits to her partner, even if they are not legally married.
This means that even if you are not entitled to paternity leave, you can still have the opportunity to spend time with your newborn child and support your partner during this important time.
It’s important to consult with your employer and human resources department to ensure that you understand your options and are able to take advantage of any available benefits.
If you’re a male employee in the Philippines and you’re looking to avail of paternity leave benefits, it’s important to make sure you meet the following conditions:
- You can be employed in any employment status, including regular, probationary, casual, seasonal, or fixed-term.
- You must be employed at the time of the childbirth.
- Your wife must either be pregnant, have given birth, or have had a miscarriage.
- Pregnancy, childbirth, or miscarriage has not happened more than four times.
- You must be legally married to your pregnant wife.
- You must be living with your legitimate wife under one roof.
- You must properly notify your employer within a reasonable time of your wife’s pregnancy and the expected delivery date (Note: Notification is not required in cases of miscarriage).
By meeting these conditions, you can avail of paternity leave benefits, which provide you with up to 7 days of leave with full pay. This is an important time to bond with your newborn child and support your spouse during the crucial early stages of parenthood. Be sure to check with your employer for specific policies and procedures related to paternity leave.
When to File a Paternity Leave
If you’re a would-be father who is planning to take paternity leave, it’s important to know the rules and regulations around this benefit. Here are some guidelines to follow:
- Understand the paternity leave benefits available to you: As a male private or government employee who is married and living with your partner, you are entitled to seven working days of paternity leave for each child delivery.
- Decide when to take your paternity leave: You can take your paternity leave before, during, or after your wife gives birth. It’s up to you to decide when you want to take your leave, but the total number of days off should not exceed seven working days.
- Plan your leave accordingly: For example, you could take two days off before your wife’s due date, one day off during her delivery, and four days off after childbirth. Just make sure that your leave falls within the 60-day window allowed by the Paternity Leave Act.
- Check with your employer: Talk to your employer or HR department to ensure that you understand the process for requesting paternity leave. They may require you to submit certain documents or forms.
- Understand the transfer of maternity leave credits: If you and your partner decide to split the 105-day maternity leave credits, you will need to ensure that you have proper documentation to support the transfer of those credits to you.
Step-by-Step Guide to Applying for Paternity Leave
Here are the steps you need to take when filing a paternity leave:
- Notify your HR department: As soon as you find out about your wife’s pregnancy and expected due date, inform your HR department about it.
- Fill out a Paternity Notification Form: Your employer should provide you with a Paternity Notification Form to fill out. Complete the form with the necessary information.
- Submit the form and required documents: Along with the accomplished form, submit a copy of your marriage certificate and any other medical records that your employer may require as proof of pregnancy.
- Prepare SSS paternity leave requirements: If you plan to take the additional seven days leave, prepare the SSS paternity leave requirements by submitting the completed SSS Allocation of Maternity Leave Credits form and Maternity Notification form.
- Avail of your paternity benefits: Take your paternity leave according to your employer’s policy.
- Submit a copy of your newborn’s birth certificate: After your paternity leave, submit a copy of your newborn’s birth certificate to your employer.
- Request for documents online: To avoid personally visiting an NSO or PSA branch, you can get a copy of your marriage certificate and your baby’s birth certificate or death certificate through the NSO online service. You’ll receive your requested documents in your home or office within two to 13 working days.
It’s important to remember that each employer may have their own specific policies and procedures for filing paternity leave. Make sure to check with your HR department to ensure that you understand the process and have provided all necessary documents.
Video: PATERNITY LEAVE BENEFIT (RA 8187)
This video explains everything you need to know about Paternity Leave in the Philippines. Paternity Leave refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work. This is provided that his spouse has delivered a child or had a miscarriage or an abortion, for the purpose of lending support to his wife during her period of recovery and/or nursing of the newborn child. Watch this video until the end to learn more about the specific requirements and steps to take to file for Paternity Leave and ensure you receive the benefits you’re entitled to.
In conclusion, being informed about paternity benefits is essential for soon-to-be dads in the Philippines. It allows fathers to support their wives during childbirth and the postpartum period, as well as bond with their newborn child.
Understanding the requirements, duration, and filing process for paternity leave will ensure that fathers receive the benefits they are entitled to. It is also worth noting that while paternity leave may be limited in duration, the experience of fatherhood lasts a lifetime.
So, for expectant fathers, taking advantage of paternity benefits is not only a right but also a responsibility to be present for their family.
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