Paternity Leave

WHO IS COVERED BY THIS LEAVE?

“Paternity leave” covers a married male employee allowing him not to report for work for seven (7) calendar days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

“Delivery” includes childbirth or any miscarriage.

“Spouse” refers to the lawful wife. For this purpose, “lawful wife” refers to a woman who is legally married to the male employee concerned.

“Cohabiting” refers to the obligation of the husband and wife to live together.
HOW TO BE ENTITLED?

Every married employee in the private and public sectors is entitled to a paternity leave of seven (7) calendar days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave should notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.

Paternity leave benefits are granted to the qualified 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 should not exceed seven (7) calendar days for each delivery. In the event that the paternity leave benefit is not availed of, said leave shall not be convertible to cash.

HOW TO AVAIL?

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.