Dear PAO,

My sister is about to give birth to her first child. She has been a utility worker in a private company for three years, and her SSS contributions are properly paid. While my sister and her boyfriend feel happy and blessed for the birth of their child, her boyfriend feels anxious. He worries that he won’t be able to take care of my sister and their baby in the days succeeding the latter’s birth. Also, he is unsure if his private employer will give him paternity leave since he is only living with my sister, but they are not married. Are there any leave benefits under our labor laws that unmarried fathers, like my sister’s boyfriend, may avail to attend to their partner and newborn child?

Oscar

Dear Oscar,

In the Philippines, paternity leave is governed by Republic Act (RA) 8187, also known as the Paternity Leave Act of 1996. This law grants paternity leave benefits to all married male employees, allowing them to take time off from work to attend to their wives and newborn children. It states:

“SEC. 3. Definition of Term. – For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a 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 the newly-born child.”

The Paternity Leave Act in the Philippines applies only to married male employees, thereby excluding unmarried fathers from this benefit. However, alternative leave benefits may still be available to unmarried fathers through employer policies or other labor laws.

On the other hand, RA 11210 or the “105-Day Expanded Maternity Leave Law,” provides for the allocation of maternity leave credits to the child’s father, whether or not the same is married to the female worker. It is specifically provided in Section 6 of RA 11210:

“Section 6. Allocation of Maternity Leave Credits. – Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the ‘Paternity Leave Act of 1996’: Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above.”

The maternity leave benefit that may be allocated to the child’s father is different from, and is over and above that which is provided under the Paternity Leave Act.

Thus, in the case of your sister’s boyfriend, he cannot avail of the paternity leave benefits available under the Paternity Leave Act, considering that he is not married to your sister. However, he may enjoy seven days of paid leave available under the 105-Day Expanded Maternity Leave Law if your sister will allow the allocation of her maternity leave credits to him. This may be availed of even though they are living together without the benefit of marriage.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]