R.A. 8187

REPUBLIC ACT NO. 8187 d. “Spouse” refers to the lawful wife.
For this purpose, lawful wife refers to

a woman who is legally married to the male employee concerned.
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL
PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC e. “Cohabiting” refers to the obligation of the husband and wife to live
SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE together.
SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES
SECTION 2. Coverage. — Every married male employee in the private
SECTION 1. Short Title. – This Act shall be known as the "Paternity Leave sector shall be entitled to paternity leave benefits of seven (7) working
Act of 1996." days with full pay for the first four (4) deliveries by his lawful spouse under
such terms and conditions as hereinafter provided.
SEC. 2. Notwithstanding any law, rules and regulations to the contrary,
every married male employee in the private and public sectors shall be The rules on paternity leave of employees in the public sector shall be
entitled to a paternity leave of seven (7) days with full pay for the first four promulgated by the Civil Service Commission.
(4) deliveries of the legitimate spouse with whom he is cohabiting. The
male employee applying for paternity leave shall notify his employer of the SECTION 3. Conditions for entitlement of paternity leave benefits. —
pregnancy of his legitimate spouse and the expected date of such delivery. A married male employee shall be entitled to paternity benefits provided
that:
For purposes of this Act, delivery shall include childbirth or any a. he is employed at the time of delivery of his child;
miscarriage.
b. he has notified his employer of the pregnancy of his wife and
SEC. 3. Definition of Term. – For purpose of this Act, Paternity Leave her expected date of delivery subject to the provisions of Section
refers to the benefits granted to a married male employee allowing him not 4 hereof; and
to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a c. his wife has given birth, suffers a miscarriage or an abortion.
child or suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the nursing of SECTION 4. Notification. — As soon as the married male employee learns
the newly-born child. that his spouse is pregnant, he shall inform his employer of such pregnancy
and the expected date of delivery within a reasonable period of time. The
SEC. 4. The Secretary of Labor and Employment, the Chairman of the Civil employee shall accomplish a Paternity Notification Form to be provided
Service Commission and the Secretary of 163 2 Health shall, within thirty for by the employer and submit the same to the latter, together with a copy
(30) days from the effectivity of this Act, issue such rules and regulations of his marriage contract, or where not applicable, any proof of marriage.
necessary for the proper implementation of the provisions hereof. Provided, That this notification requirement shall not apply in cases of
miscarriage or abortion.
SEC. 5. Any person, corporation, trust, firm, partnership, association or
entity found violating this Act or the rules and regulations promulgated Any employee who has availed of the paternity benefits shall, within a
thereunder shall be punished by a fine not exceeding Twenty-five reasonable period of time, submit a copy of the birth certificate of the
thousand pesos (P25,000) or imprisoment of not less than thirty (30) days newly born child, death or medical certificate in case of miscarriage or
nor more than six (6) months. abortion, duly signed by the attending physician or midwife showing actual
date of childbirth, miscarriage or abortion, as the case may be.
If the violation is committed by a corporation, trust or firm,
partnership, association or any other entity, the penalty of imprisoment SECTION 5. Availment. — The paternity benefits set forth herein may be
shall be imposed on the entity's responsible officers, including, but not enjoyed by the qualified employee before, during or after the delivery by
limited to, the president, vice-president, chief executive officer, general his wife; provided, that the total number of days shall not exceed seven (7)
manager, managing director or partner directly responsible therefor. working days for each delivery. Provided, further, that this benefit shall be
availed of not later than sixty (60) days after the date of said delivery.
SEC. 6. Non-diminution Clause. – Nothing in this Act shall be construed
to reduce any existing benefits of any form granted under existing laws, SECTION 6. Benefits. — The employee is entitled to seven (7) working
decrees, executive orders, or any contract, agreement or policy between days paternity leave with pay, consisting of basic salary, all allowances and
employer and employee. other monetary benefits.
REPUBLIC ACT NO. 8187 SECTION 7. Non-Conversion of benefits. — In the event that the
FOR THE PRIVATE SECTOR paternity leave benefit is not availed of, said leave shall not be convertible
to cash.
Pursuant to Republic Act No. 8187 entitled, “An Act Granting Paternity
Leave of Seven (7) Days With Full Pay To All Married Male Employees In SECTION 8. Penalty. — Any person, corporation, trust, firm, partnership,
the Private and Public Sectors For the First Four (4) Deliveries of the association or entity found violating any provision of these Rules shall be
Legitimate Spouse With Whom He Is Cohabiting And For Other Purposes,” penalized by a fine not exceeding twenty five thousand pesos (P25,000) or
the following Rules and Regulations are hereby issued: imprisonment of not less than thirty (30) days nor more than six (6)
months.
SECTION 1. Definition of Terms. — As used in this Rules, the following
terms shall have the meaning as indicated hereunder: If the violation is committed by a corporation, trust firm, partnership,
association or any other entity, the penalty of imprisonment shall be
a. “Paternity Leave” refers to the leave credits granted to a married male imposed on the entity’s responsible officers, including, but not limited to,
employee to allow him to earn compensation for seven (7) working days the president, vice-president, chief executive officer, general manager,
without reporting for work, provided that his spouse has delivered a child managing director or partner directly responsible therefor.
or had a miscarriage or an abortion for the purpose of lending support to
his wife during her period of recovery and/or the nursing of the newly SECTION 9. Non-diminution clause. — Nothing in these Rules shall be
born child. construed to reduce or replace any existing benefits of any kind granted
under existing laws, decrees, executive orders; or any contract, agreement
b. “Employee” refers to any person who performs services for an employer or policy between employer and employee.
and receives compensation therefor, provided an employer-employee
relationship exists between them.
c. “Delivery” refers to childbirth, miscarriage or abortion.

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REPUBLIC ACT NO. 8187 d. “Spouse” refers to the lawful wife.

For this purpose, lawful wife refers to

c. “Delivery” refers to childbirth, miscarriage or abortion.

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