Paternity Leave in the Philippines (RA 8187)

Paternity leave Philippines: what RA 8187 grants

RA 8187 is short: seven sections. Its core is Section 2, which says that notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven days with full pay for the first four deliveries of the legitimate spouse with whom he is cohabiting. Section 3 explains the purpose: the father does not report for work for seven days but continues to earn his pay, so he can support his wife in her recovery and help nurse the newborn.

Who qualifies for paternity leave

Four things must line up. You must be an employee (private or government) at the time your wife gives birth or miscarries. You must be married to the mother: RA 8187 speaks of the legitimate spouse. You must be cohabiting with her, which the private-sector rules describe as the obligation of husband and wife to live together; a father who works away from home on assignment is not disqualified by that alone, because the obligation to live together continues. And the delivery must be one of the first four deliveries of your wife.

Up to 14 days: the 7 extra days from the mother's maternity leave

RA 11210, the 105-Day Expanded Maternity Leave Law, lets the mother share part of her leave. Section 6 says a female worker entitled to maternity leave may, at her option, allocate up to 7 days of her benefits to the child's father, whether or not he is married to her. The same section says this benefit is over and above what RA 8187 provides. So a married father can take 7 days of paternity leave plus up to 7 allocated days, 14 days in all.

The allocated days reduce the mother's own leave: if she gives seven days, her paid maternity leave becomes 98 days. If the father is absent, the mother may choose an alternate caregiver to receive the days instead. How the allocated days are paid to a father in a different company (whether through his employer, the mother's employer or SSS reimbursement) is handled by the RA 11210 implementing rules and SSS procedures; ask both HR offices before the birth so the paperwork is ready.

Paternity leave for unmarried fathers

An unmarried father, including a live-in partner who acknowledged the child, is not covered by RA 8187, because the law grants the leave only to a married male employee for deliveries of his legitimate spouse. He is not left with nothing, though. Under RA 11210 Sec. 6, the mother can allocate up to seven days of her maternity leave to the child's father whether or not he is married to her. Many companies also grant paternity leave to unmarried fathers as a company benefit; check your handbook or CBA. Without either, an unmarried father can use his service incentive leave or vacation leave.

Paternity leave requirements and documents

The private-sector implementing rules set out a simple paper trail. As soon as you learn that your wife is pregnant, tell your employer within a reasonable time and give the expected date of delivery. Many employers use a Paternity Notification Form; the rules contemplate one. Attach a copy of your marriage contract or other proof of marriage. After the delivery, submit the child's birth certificate, or a medical certificate signed by the attending physician or midwife in the case of a miscarriage, within a reasonable time.

If you notified late, give the notice anyway as soon as you can and explain why; the rules ask for notice within a reasonable time, and they do not require advance notice at all for a miscarriage, which no one can predict. Government employees file through their agency's HR office using the Civil Service leave form (CSC Form No. 6) and follow CSC rules on supporting documents.

When to take it: timeline

1. Pregnancy confirmed

   Notify HR in writing of the pregnancy and the expected date of delivery; attach proof of marriage.

2. A few weeks before the due date

   File your leave dates. If the mother will allocate RA 11210 days, give both employers the written notice now.

3. Delivery (or miscarriage)

   The 7 days may be taken before, during or after the delivery; most fathers start on the day of birth.

4. Within a reasonable time after

   Submit the birth certificate, or the medical certificate for a miscarriage.

5. 60 days after delivery

   Last day to use paternity leave under the private-sector rules. Unused days lapse and are not paid in cash.

The private-sector rules say the leave is for each delivery and the total may not exceed seven working days. Many employers allow the days to be split (for example, one day for the delivery and six days when mother and child come home) as long as all are used within the 60 days; ask HR if you want to stagger them. For government employees, the CSC rules similarly require the leave to be availed of not later than 60 days after the child's delivery.

How much paternity leave pays

Paternity leave is with full pay: you are paid as if you had reported for work, and the employer pays it directly. It is not an SSS benefit, unlike maternity leave, and the employer is not reimbursed by SSS for it. The private-sector rules describe the pay as covering your basic salary together with your allowances and other monetary benefits. For a monthly-paid employee, the payslip should simply show no deduction for the seven days.

Paternity leave is separate from your service incentive leave and company vacation leave; it is not deducted from your leave credits. If HR deducts it, point to RA 8187 and ask for correction. Check your balance with the leave credits calculator.

How to request paternity leave

1. 1

   Write the notice

   Use the leave letter generator: open the Leave of absence tab and state that the leave is paternity leave under RA 8187. Give the expected date of delivery and the dates you plan to take.

2. 2

   Attach proof of marriage

   A photocopy of your PSA marriage certificate. If the PSA copy is not yet available (for a recent wedding), the local civil registrar's copy usually suffices for HR.

3. 3

   Get it received

   Ask HR to sign and date a copy, or send it by email and keep the sent message. This is your proof that you notified the employer.

4. 4

   Coordinate with the mother's employer

   If she will allocate maternity days to you, both of you give written notice to your employers before the birth.

5. 5

   After the birth, submit the certificate

   The birth certificate (or a medical certificate after a miscarriage) completes the file.

Penalties if the employer refuses

Section 5 of RA 8187 makes it a crime to violate the Act or its rules. Any person, corporation, trust, firm, partnership, association or entity found violating it is punished by a fine not exceeding ₱25,000 or imprisonment of not less than 30 days nor more than six months. Where the violator is a corporation or other entity, the imprisonment is imposed on its responsible officers, including the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible.

Start with a polite written demand; many refusals come from HR staff unfamiliar with the law. If that fails, file a free Request for Assistance under the Single Entry Approach at DOLE (online through DOLE ARMS or at the nearest DOLE office; hotline 1349). If you were dismissed, read our guide on illegal dismissal. Unpaid paternity leave pay is a money claim, which must be filed within three years under Labor Code Art. 306 (formerly 291); see the Labor Code index.

Government employees

RA 8187 covers the public sector too; Section 4 directed the Civil Service Commission, DOLE and DOH to issue the rules. Government employees file paternity leave with the agency HR office on CSC Form No. 6 (Application for Leave) and follow CSC rules, which also treat the seven days as non-cumulative, not convertible to cash, and to be used within 60 days of delivery. RA 11210 allocation applies to public-sector mothers as well. Questions go to the agency HR office or the CSC regional office, not DOLE.

Related leave for fathers and parents