All There Is to Know About Paternity Leave Under R.A. No. 8187

1. Legal Framework and Purpose
Paternity leave in the Philippines is governed primarily by Republic Act No. 8187, also known as the "Paternity Leave Act of 1996." Enacted into law on June 11, 1996, and taking effect on July 5, 1996, R.A. No. 8187 aims to grant a period of paid leave to married male employees whose lawful wives have given birth or suffered a miscarriage, thereby promoting family solidarity and providing the husband an opportunity to assist in caring for the newborn or attending to his wife’s immediate postnatal or post-miscarriage needs.

2. Coverage and Eligibility
a. Who are entitled?

Married Male Employees: Only legally married, male employees are eligible. The law does not cover common-law partners or live-in arrangements without a valid marriage contract.
Private Sector and Public Sector Employees: It covers married male employees in both private establishments and government offices.
Regular and Non-Regular Employees: There is no distinction in terms of employment status. Whether the male employee is on probationary, regular, contractual, or casual status, he is entitled to paternity leave as long as the conditions are met.
Local or Overseas Employment: The law makes no express exclusion based on work location. Thus, a married male employee working in the Philippines is covered. Meanwhile, government employees also enjoy the same benefit under relevant Civil Service rules.

b. Conditions for Availment:

Legitimate Spouse’s Delivery or Miscarriage: The entitlement arises upon the birth or miscarriage of the employee’s legitimate spouse.
Notification to Employer: The employee must notify his employer of his wife’s pregnancy and the expected date of delivery within a reasonable period. Advance notice is crucial for planning and management. While the law itself is silent on the exact timing, the Department of Labor and Employment (DOLE) encourages prompt and early notice.
Employment at the Time of Birth/Miscarriage: The employee must be employed at the time the child is born or when the miscarriage occurs.

3. Duration and Number of Times Availment is Allowed
a. Duration:
The law grants seven (7) calendar days of paternity leave with full pay. These seven days are intended to be consecutive calendar days, not working days.

b. Limitation on Frequency:
A married male employee can avail of the paternity leave for the first four (4) deliveries or miscarriages of his legitimate spouse. This can be summarized as follows:

1st child: Eligible
2nd child: Eligible
3rd child: Eligible
4th child: Eligible
5th and subsequent children: No longer covered by the paternity leave benefit

Miscarriages (including deliveries of stillborn children) are counted as part of these four availments.

4. Computation of Pay
The law provides for full pay during the seven-day leave. "Full pay" generally means the employee’s basic salary for the days that he is on leave. It does not include allowances or additional remuneration not considered part of the basic wage, unless the employer’s policies or collective bargaining agreement provide otherwise.

5. Coordination With Other Leaves

Paternity Leave Is a Separate Benefit: Paternity leave is a benefit separate and distinct from the employee’s other leave entitlements (such as service incentive leave under the Labor Code, vacation leaves, or sick leaves provided by company policy or collective bargaining agreements).
Non-Convertible to Cash: If unused, paternity leave cannot be converted to its cash equivalent. Unlike some accrued leave benefits that can be monetized upon separation or year-end, unused paternity leave simply lapses.

6. Period of Use and Flexibility
While not explicitly mandated by law that the paternity leave must be taken immediately at the time of birth or miscarriage, its purpose indicates that it should be taken either immediately or shortly after the delivery or miscarriage to serve its intended function of allowing the husband to care for the family. Company policy or employer-employee agreements may specify the period within which the paternity leave must be taken, but it is generally understood that the leave should be availed around the time of childbirth or miscarriage.

7. Documentary Requirements
a. Proof of Marriage:
The employer may require the employee to submit a copy of the marriage contract to establish that the relationship is legitimate.
b. Proof of Wife’s Pregnancy and Subsequent Delivery or Miscarriage:
The employer may ask for medical records, a birth certificate, or a medical certificate from a physician or midwife. For miscarriages, a medical certificate from a qualified physician attesting to the event may be required.

8. Employer’s Duty and Compliance

Mandatory Grant: Employers are mandated by law to provide paternity leave benefits to qualifying employees.
No Reduction of Benefits: The grant of paternity leave should not diminish existing benefits granted under company policies, collective bargaining agreements, or other laws.
No Discrimination or Retaliation: Employers must not use the exercise of paternity leave rights against the employee. It is unlawful to discriminate or penalize an employee for availing himself of paternity leave.

9. Sanctions for Non-Compliance
The law obligates employers to comply. While R.A. No. 8187 does not provide a criminal sanction for non-compliance, refusal or failure to grant paternity leave may expose the employer to administrative complaints and penalties under the jurisdiction of the DOLE. The employee can file a complaint with the DOLE, which may lead to an order directing the employer to pay the benefits due and, if warranted, impose administrative fines or other sanctions as provided in related labor statutes and regulations.

10. Relationship With Other Laws and Policies

R.A. No. 10354 (Responsible Parenthood and Reproductive Health Act): Though not directly amending paternity leave entitlements, laws on reproductive health and responsible parenthood underscore the importance of paternal involvement, lending contextual support to the rationale behind paternity leave.
Collective Bargaining Agreements (CBAs): Unionized workplaces may provide longer paternity leave benefits or more favorable conditions than those provided by law. Any CBA provision that provides for longer leaves or better pay supplements the statutory minimum of seven days.
Local Government Ordinances: There may be some local ordinances or regulations that further encourage employers to provide more than the statutory minimum; however, R.A. No. 8187 sets the national minimum standard.

11. Practical Considerations for Employers and Employees

Advance Planning: Employees are encouraged to inform their employers as soon as they know of their spouse’s pregnancy due date. This allows smooth scheduling and avoids disruptions in operations.
Clear Internal Policies: Employers should include in their employee handbooks the procedure for availing paternity leave, including documentary requirements, notice period, and any allowable flexibility in scheduling.
Record-Keeping: Employers should maintain accurate records of paternity leave availments, ensuring that employees do not exceed the four-delivery limit and that proper documentation is on file for audit and verification.

12. Jurisprudential Guidance
Philippine jurisprudence on paternity leave is relatively sparse due to the clarity of R.A. No. 8187’s provisions. Courts and the NLRC (National Labor Relations Commission) generally require strict compliance by employers and have upheld the right of qualified employees to enjoy paternity leave. Nonetheless, case law consistently emphasizes the remedial and social legislation nature of paternity leave entitlements and directs that any ambiguities should be resolved in favor of labor.

In Summary:
R.A. No. 8187 grants seven days of paid paternity leave to every married male employee in both the private and public sectors for each of the first four deliveries or miscarriages of the lawful spouse. It is a non-convertible, fully paid leave that must be supported by necessary documentation and taken around the time of the wife’s delivery or miscarriage. Employers must comply fully, and any attempts to diminish this benefit or discriminate against employees who avail of it may lead to administrative sanctions. Paternity leave, as a social benefit, seeks to promote family welfare, responsibility, and paternal involvement in the crucial early days following childbirth or pregnancy loss.