Dear PAO,

My officemate’s wife is currently in her eighth month of pregnancy. From his narrative, it appears to be a delicate situation with numerous hospital scares and frequent doctor visits. Alfred, my officemate, is eager to be present once the baby arrives, seeing it as his way of actively contributing to his spouse’s pregnancy journey. He just wants to know if there is a period within which he should apply for a paternity leave considering that we are working in a private company.

Jhung

Dear Jhung,

Please be informed of Section 2 of Republic Act 8187, otherwise known as the “Paternity Leave Act of 1996,” which states that:

“Section 2. x x x every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.”

Based on the above-stated law, married male employees, whether in the private or public sector, are entitled to a paternity leave of seven days with full pay for the first four deliveries of his legitimate spouse with whom he is cohabiting.

Please be informed, however, that in order to avail of said leaves for employees who are working in the private sector, the concerned employee must comply with Section 4 of Implementing Rules and Regulations (IRR) of RA 8187 which states that:

“SECTION 4. Application for leave. — The married male employees shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by the pregnant spouse, or within such period as may be provided by company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in case of miscarriage.”

Accordingly, and based on the situation that you mentioned, if your officemate would apply for paternity leave, he should first check the internal rules and regulations of your company or your collective bargaining agreement, if any. If the period for filing the application for paternity is provided in the said documents, then your officemate must comply with the same. If there is none, then the law states that he should file his leave within a reasonable period of time from the expected date of delivery of his pregnant spouse.

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 on.

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