Eligibility for Paternity Leave for Newly Hired Government Employees in the Philippines

Query: Is a newly hired government employee under a permanent position eligible to avail paternity leave if he has been employed for less than a month?

Under the Philippine Paternity Leave Act of 1996 (Republic Act No. 8187), eligibility for paternity leave is granted to married male employees in the private and public sectors. The act allows qualified male employees to take paternity leave for seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabitating.

For a newly hired government employee, the key eligibility requirements are straightforward:

1. Marital Status: The employee must be legally married.
2. Legitimate Child: The leave applies only to the birth of legitimate children.
3. Cohabitation: The male employee must be cohabiting with his spouse at the time of childbirth.
4. Number of Deliveries: The benefit is available for the first four (4) deliveries by the legitimate spouse.

The law does not specify a minimum period of employment before a male employee can avail of paternity leave. Therefore, even if the employee has been employed for less than a month, he is eligible for paternity leave as long as he meets the other criteria mentioned above. This interpretation aligns with the intent of the law to provide support for male employees during significant family events, regardless of the length of service at the time of the child's birth.

Government agencies typically require the submission of the following documents to process paternity leave:

• A copy of the marriage certificate to prove the legitimacy of the marriage.
• A birth certificate of the child, which will be available after the child's birth, to prove that the childbirth has occurred and to establish the count of legitimate children.

Employees are encouraged to notify their employers in advance of the expected date of childbirth to facilitate smoother processing of the paternity leave application. While the law is designed to be inclusive and supportive of fathers in the workforce, adherence to administrative procedures is crucial for the timely and proper utilization of this benefit.

In conclusion, a newly hired government employee under a permanent position is eligible for paternity leave under Philippine law, provided he meets the marital, cohabitation, and child legitimacy criteria, irrespective of the duration of his employment before the childbirth.