Can an unmarried father use paternity leave?

In the Philippines, paternity leave is governed by Republic Act No. 8187, also known as the Paternity Leave Act of 1996. This law grants paternity leave benefits to all married male employees, allowing them to take time off from work to attend to their spouses and newborn child.

1. Eligibility for Paternity Leave

According to the Paternity Leave Act, paternity leave is available to married male employees. The law explicitly states that the employee must be legally married to qualify for this benefit【5†source】. Therefore, unmarried fathers are not eligible for paternity leave under this act.

2. Scope of Paternity Leave

The paternity leave benefit allows eligible fathers to take seven (7) days of leave for each childbirth of their lawful wife, which they can use either during or immediately after the delivery. This leave is non-cumulative and cannot be converted into cash if unused【6†source】.

3. Alternative Leave Benefits

While unmarried fathers do not qualify for paternity leave, they may be able to use other types of leave benefits provided by their employer or under labor laws. For example, they may use vacation leave, sick leave, or other personal leaves to attend to the needs of their child and partner【7†source】.

4. Conclusion

The Paternity Leave Act in the Philippines applies only to married male employees, thereby excluding unmarried fathers from this benefit. However, alternative leave benefits may still be available to unmarried fathers through employer policies or general labor provisions.