Query: Does one need to have a child to utilize Article 34 for marriage benefits in the context of paternity leave?

In the Philippines, paternity leave is governed by Republic Act No. 8187, also known as the "Paternity Leave Act of 1996." This act specifically addresses the leave entitlements for married male employees in the private and public sectors to foster parental responsibility and bonding with a newborn child.

Key Provisions of the Paternity Leave Act:

Eligibility: The law allows a married male employee up to seven (7) days of paid leave for the first four (4) deliveries of his legitimate spouse with whom he is cohabiting. The purpose of this leave is to enable the father to effectively lend support to his wife during her period of recovery and/or in the nursing of the newborn child.
Requirement of a Child: The primary requisite for availing paternity leave is the delivery of the child by the employee's legitimate spouse. Thus, the presence of a newborn child is essential. The leave is specifically designed to provide the father time to support his spouse and child during labor, delivery, and the immediate postpartum period.
Marital Status: The employee must be legally married to the mother of the child. The law does not extend paternity leave benefits to unmarried fathers, which highlights the legal framework's emphasis on supporting traditional marital families in the context of childbirth.

Application Process:

Notification: The employee must notify the employer of the pregnancy and the expected date of childbirth, usually at least a week before the planned leave, unless an emergency occurs.
Documentation: Typically, submission of the marriage certificate and the birth certificate of the child (once available) is required to process the paternity leave.

Implications for Unmarried Fathers:

No Entitlement Under RA 8187: Unmarried male employees, regardless of their relationship with the child or the child's mother, do not qualify for paternity leave under this act. Their situation does not meet the legal definition required by the Paternity Leave Act.
Alternative Leaves: Unmarried fathers may seek other forms of leave (such as annual leave or leave without pay) available under their employer's policies or negotiate directly with their employer for possible leave arrangements.

Conclusion: The requirement to have a child for availing of paternity leave under Article 34 (referring to RA 8187) is clear: the employee must be a married father witnessing the birth of his legitimate child. This stipulation underscores the law’s intent to support paternal presence during significant early life events of the child, reinforcing the father’s role in a traditional family setting. Unmarried fathers, while not covered under this specific provision, may seek alternative arrangements to support their partners during such times, reflecting the evolving dynamics of modern familial structures.