Facts about the Paternity Leave Benefit | HRD Guru – Manila’s HR Guru
Unlike maternity leave, paternity leave is not found in the Labor Code. The basis of Paternity Leave benefits is found in Republic Act No. 8187, otherwise known as the “Paternity Leave Act of 1996″.
Paternity Leave Benefits
Paternity leave is a form of parental leave. The other form of parental leave is the Maternity Leave.
Paternity leave is described by law through the Republic Act No. 8187 granting every married male employee seven (7) working days of leave after his legitimate wife’s childbirth, or any miscarriage. Paternity leave shall be paid in full, equivalent to seven days, up to the first four deliveries.
Paternity leave refers to the benefits granted to a married male employee in the private and public sectors allowing him to take a leave for 7 days, with full pay, for the first 4 deliveries of his legitimate spouse with whom he is cohabiting.
Checklist for Availment of Paternity Leave
To qualify for paternity leave, the following requisites must be present:
Why are married male employees encouraged to file for paternity leave?
A paternity leave benefit is granted to married male employees, which allows them seven days of time off with pay so they can attend to their wife’s childbirth or miscarriage, and help care for the newborn child while his wife is still recuperating. When on paternity leave, male employees whose wife just went through childbirth are allowed not to report to work for seven days, but would receive payment equivalent to such number of days of leave.
In RA No. 8187, a delivery means a childbirth (normal or by caesarian section), or miscarriage.
Who are obliged to grant paternity leaves?
The payee would be the Social Security System in the Philippines for the private sector , and the GSIS for the public sector. Corporations, trusts, firms, partnerships, associations, and other employing agencies that remit contributions to SSS and the GSIS are obligated to grant paternity leave benefits according to what are described by RA 8187. Also check with your company if they have separate policies on paternity benefits.
Who are qualified for paternity leave entitlement?
Under the Paternity Leave Act of 1996, every married male employee shall be entitled to a paternity leave as soon as the legitimate spouse has given birth. However, unlike maternity leave benefits, only those husbands who are living with their wives under the same roof may be granted this benefit. If there are no existing policies, talk it over with your boss or your Human Resources manager on making a special arrangement you can all agree on.
All employers are obligated by law to grant paternity leave benefits to all married male employees whose spouse is about to or has given birth.
Paternity leave benefits are an excellent help to families expecting a newborn child in the coming months. However, like the maternity leave, those eligible to take advantage of this benefit should be able to notify their employers and the SSS about their spouse’s pregnancy and the expected date of delivery. It’s important that you do this to give enough leeway in the filing of your application.
Is Paternity Benefit Taxable?
Paternity Leave is not paid out in cash so it would just be computed as if the employee were reporting to work for 7 working days (and got paid for it).
SECTION 2. Notwithstanding any law, rules and regulations to the contrary,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. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.
Note though that the Paternity leave benefit may be availed of only for the first four deliveries
This content was originally published here.