REPUBLIC ACT NO.

8187
Paternity Leave Act of 1996

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
Definition of Terms.
a. “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, 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 the nursing of the newly
born child.
b. “Employee” refers to any person who performs services for an employer
and receives compensation therefor, provided an employer-employee
relationship exists between them.
c. “Delivery” refers to childbirth, miscarriage or abortion.
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.
e. “Cohabiting” refers to the obligation of the husband and wife to live
together.
Who may avail of Paternity Leave?
a. Married male employees: existence of employer-employee relationship;
b. Whose lawful wife experienced childbirth, miscarriage or abortion;
c. They must be cohabiting at the time of delivery.
d. May only be availed in the first four deliveries of the wife.
Conditions for entitlement of paternity leave benefits:
a. he is employed at the time of delivery of his child;
b. he has notified his employer of the pregnancy of his wife and her
expected date of delivery
c. his wife has given birth, suffers a miscarriage or an abortion.
Notification required: As soon as the married male employee learns
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 employee shall accomplish a Paternity Notification Form to be
provided for by the employer and submit the same to the latter, together
with a copy of his marriage contract, or where not applicable, any proof
of marriage.
 NOTE: This notification requirement shall not apply in cases of
miscarriage or abortion.
When may it be availed?
The paternity benefits may be enjoyed by the qualified employee before, during
or after the delivery by his wife; provided, that the total number of days shall
not exceed seven (7) working days for each delivery.
NOTE: This benefit should be availed of not later than sixty (60) days after the
date of said delivery.
Benefits?
The employee is entitled to seven (7) working days paternity leave with
pay, consisting of basic salary, all allowances and other monetary benefits.
NOTE: In the event that the paternity leave benefit is not availed of, said
leave shall not be convertible to cash.
Penalty for Non-Compliance of Employer:
Any person, corporation, trust, firm, partnership, association or entity
found violating any provision of these Rules shall be penalized by a fine not
exceeding twenty-five thousand pesos (P25,000) or imprisonment of not less
than thirty (30) days nor more than six (6) months.
 REPUBLIC ACT NO. 8972
Solo Parents' Welfare Act of 2000
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS
AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Who are considered as Solo Parent?

“Solo Parent” — any individual who falls under any of the following
categories:
I. A woman who gives birth as a result of rape or crimes against
chastity, even without a final conviction of the offender: Provided,
that the mother keeps and raises the child;
II. Parent left solo or alone with the responsibility of parenthood due
to the following circumstances:
a. Due to death of spouse.
b. Spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year.
NOTE: The law applies to the spouses of prisoners,
whether or not a final judgment has been rendered,
provided they are in detention for a minimum period of
one (1) year.
c. Physical and/or mental incapacity of spouse as certified by a
public medical practitioner.
d. Legal separation or de facto separation from spouse for at
least one (1) year, as long as he/she is entrusted with the
custody of the children.
e. Declaration of nullity or annulment of marriage as decreed
by a court or by a church as long as he/she is entrusted
with the custody of the children.
f. Abandoned by spouse for at least 1 year.
III. Unmarried mother/father who has preferred to keep and rear
his/her child/children instead of having others care for them or
give them up to a welfare institution;
IV. Any other person who solely provides parental care and support to
a child or children provided he/she is duly licensed as a foster
parent by the DSWD or duly appointed legal guardian by the court;
V. Any family member who assumes the responsibility of the head of
family as a result of the death, abandonment, disappearance or
prolonged absence of the parents or solo parent: Provided, that
 such abandonment, disappearance, or absence lasts for at least
one (1) year.

NOTE: Family member referred to here must be within the Fourth

Civil degree of consanguinity of the child.

NOTE: A change in the status or circumstance of the parent claiming benefits

under the Act, such that he/she is no longer left alone with the responsibility
of parenthood, shall terminate his/her eligibility for these benefits;
Criteria for Support
Criteria for Support: Any solo parent whose income in the place of domicile
falls below the poverty threshold as set by the National
Economic and Development Authority (NEDA) and subject to
the assessment of the DSWD worker in the area shall be
eligible for assistance.
NOTE: That any solo parent whose income is above the
poverty threshold shall enjoy benefits limited to FLEXIBLE
WORK SCHEDULE, WORK DISCRIMINATION, PARENTAL
LEAVE and HOUSING BENEFITS.
**Solo Parents are divided into two groups affecting the
benefits they are entitled;
a. Those above the poverty threshold.
b. Those below the poverty threshold
Under Section 10, Article IV of the Implementing Rules and Regulations of R.A.
8297, the benefits and privileges of a solo parent can be obtained only if there
is a Solo Parent Identification Card.

REQUIREMENTS FOR APPLICATION OF SOLO PARENT ID:

1. The applicants for the solo parent ID must bring the following documents to
the City/Municipal Social Welfare and Development Office:

a) Barangay certification certifying Solo Parent’s residency in the barangay

for the last six months

b) Certificates e.g., birth certificates of children, death certificate of spouse

and other appropriate documentary support
 c) Income tax return or any document that will establish the income level of
the solo parent

2. The social worker receives and ensures that all documents are complete and
registers the applications with an appropriate case number in the log-book
Registry of Solo Parents.

Note: The ID will be issued after 30 days from filing. The validity of the ID is
one year and is renewable.

A solo parent seeking benefits other than the general benefits shall be
qualified on the basis of:

(a) A resident of the area where the assistance is sought, as certified by the
barangay captain; Provided, that if the solo parent is a transferee from another
barangay, he/she is required to secure a clearance from his/her previous
barangay, indicating whether or not he/she has availed of any benefits for solo
parents, and the nature of such benefits.

(b) With an income level equal to or below the poverty threshold as

set forth by NSCB and assessed by a social worker.

Procedure for Termination of Benefits.

a) A solo parent shall manifest to the Social Welfare Office his/her intention
to withdraw the availment of the benefits under this Act.
b) If the solo parent does not voluntarily manifest his/her intention to
terminate the provision of benefits and services before the lapse of one
year from the issuance of the Solo Parent I.D., the Social Worker, based
on a report by the employer or any interested person shall conduct the
necessary assessment/evaluation to ascertain if grounds for termination
and withdrawal of benefits exist.
The Identification Card shall cease to be effective upon the lapse of
one year from issuance, unless renewed based on a new assessment and
evaluation. Failure to renew will mean that he/she has changed his/her
status as a solo parent.

c) The solo parent shall be informed of the result of the

assessment/evaluation and termination of the service, if warranted,
through written notice. The termination shall take effect 30 days from
the receipt of the notice of termination. In cases when the service cannot
be terminated in a period of one month, e.g. schooling, the service shall
be completed until its due time.
Relocation of the Family. — In the event a solo parent decides to relocate
his/her family, he/she shall inform the city/municipal Social Welfare and
Development Office. Said office shall thereupon transmit the records to the
city/municipal Social Welfare and Development Office of the place of relocation.

Duty to Monitor. — It shall be the duty of the city/municipal Social Welfare

Officer who receives said records, to assign a social worker to monitor the
status of the relocated solo parent and his/her family.

Benefits

In general, Solo Parents may avail of the following benefits;

a. Flexible Work Schedule. — The employer shall provide for a flexible

work schedule for solo parents: Provided, That the same shall not affect
individual and company productivity: Provided further, That any
employer may request exemption from the above requirements from the
DOLE on certain meritorious grounds.
In the case of employees in the government service, flexible working
hours will be subject to the discretion of the head of the agency. In no
case shall the weekly working hours be reduced in the event the agency
adopts the flexible working hours schedule format (flexitime). In the
adoption of flexi-time, the core working hours shall be prescribed taking
into consideration the needs of the service.
b. Work Discrimination. — No employer shall discriminate against any
solo parent employee with respect to terms and conditions of
employment on account of his/her status.
c. Parental Leave. — In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall
be granted to any solo parent employee who has rendered service of at
least one (1) year. The seven-day parental leave shall be non-cumulative.
Conditions for Entitlement of Parental Leave. — A solo parent
shall be entitled to parental leave provided that:
(a) He/She has rendered at least one (1) year of service whether
continuous or broken at the time of the effectivity of the Act;
(b) He/She has notified his/her employer of the availment thereof
within a reasonable time period; and
 (c) He/She has presented a Solo Parent Identification Card to
his/her employer.

Non-conversion of Parental Leave. — In the event that the

parental leave is not availed of, said leave shall not be convertible
to cash unless specifically agreed upon previously. However, if said
leave were denied an employee as a result of non-compliance with
the provisions of these Rules by an employer, the aforementioned
leave may be used as a basis for the computation of damages.

Crediting of Existing Leave. — If there is an existing or similar

benefit under a company policy, or a collective bargaining
agreement or collective negotiation agreement the same shall be
credited as such. If the same is greater than the seven (7) days
provided for in the Act, the greater benefit shall prevail.
Emergency or contingency leave provided under a company policy
or a collective bargaining agreement shall not be credited as
compliance with the parental leave provided for under the Act and
these Rules.
d. Housing Benefits. — Solo parents who meet the eligibility criteria for
housing assistance under R.A. No. 7279 (Urban Development and
Housing Act of 1992) and other related rules and regulations of
participating housing agencies shall be provided with liberal terms of
payment on government low-cost housing projects, in accordance with
housing law provisions, prioritizing applicants below the poverty line as
declared by the NSCB.

Other benefits that may be availed if the solo parent’s income is below the
poverty threshold
a. Comprehensive Package of Social Development and Welfare
Services. — A comprehensive package of social development and
welfare services for solo parents and their families will be
developed by the DSWD, DOH, DepEd, CHED, TESDA, DOLE, NHA
and DILG, in coordination with local government units and non-
governmental organizations with proven track record in providing
services for solo parents.
i. Livelihood development services
 ii. Counseling services
iii. Parent effectiveness services
iv. Critical incidence stress debriefing
v. Special projects for individuals in need of protection
b. Educational Benefits. — The DepEd, CHED and TESDA shall
provide the following benefits and privileges:
(a) Scholarship programs for qualified solo parents and their
children in institutions of basic, tertiary and technical/skills
education;
(b) Non-formal education programs appropriate for solo
parents
and their children.
c. Medical Assistance. — The DOH shall develop a comprehensive
health care program for solo parents and their children. The
program shall be implemented by the DOH through their retained
hospitals and medical centers and the local government units
(LGUs) through their provincial/district/city/municipal hospitals
and rural health units (RHUs).
d. Essential Health Packages. — To ensure the state of wellbeing of
the solo parent and his/her family, health/medical services shall
be made available at all times, in all levels of health care delivery
system as mentioned in the previous Section. These
health/medical services shall be part of the regular essential
health packages being provided at various stages of life.
DEFINITION OF TERMS

(A) “Family” — shall refer to the Solo Parent and his/her child/children
(B) “Social Worker” — a person who is a graduate of Social Work and duly
registered pursuant to Republic Act 4373 and employed with the Social Welfare
and Development Office of the local government unit where the solo parent
resides;
(C) “Children” — refer to those living with and dependent upon the solo parent
for support who are unmarried, unemployed and below eighteen (18) years of
age, or even eighteen (18) years and above but are incapable of self-support
and/or mentally and/or physically challenged;
(D) “Parental responsibility” — with respect to their minor children shall refer
to the rights and duties of the parents as defined in Article 220 of Executive
Order No. 209, as amended, otherwise known as the “Family Code of the
Philippines,” and hereunder enumerated as follows:
 (1) To keep them in their company, to support, educate and instruct
them by right precept and good example and to provide for their
upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship
and understanding,
(3) To provide them with moral and spiritual guidance, inculcate in them
honesty, integrity, self-discipline, self-reliance, industry and thrift,
stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials,
supervise their activities, recreation and association with others, protect
them from bad company, and prevent them from acquiring habits
detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interest;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the
circumstances; and
(8) To perform such other duties as are imposed by law and upon
parents and guardians;
(E) “Parental leave” — shall mean leave benefits granted to a solo parent to
enable him/her to perform parental duties and responsibilities where physical
presence is required;
(F) “Flexible work schedule” — is the right granted to a solo parent employee
to vary his/her arrival and departure time without affecting the core work
hours as defined by the employer;