Below is an in-depth discussion of paternity leave benefits in the Philippines, with special emphasis on who is responsible for paying these benefits, including for employees who happen to be on deployment (either local or overseas) on behalf of a Philippine employer.

1. Legal Framework: The Paternity Leave Act of 1996 (Republic Act No. 8187)

Primary Legislation: Republic Act No. 8187, also known as the “Paternity Leave Act of 1996,” is the key law that grants paternity leave benefits in the Philippines.
Purpose: The law was enacted to allow new fathers to lend support during and after childbirth. It recognizes the importance of a father’s presence in the formative days following the birth of a child.

Coverage and Qualifications

Under RA 8187 and its Implementing Rules and Regulations (IRR):

Covered Employees: Male employees in the private sector who are legally married to their pregnant spouse.
Employment Status: The law applies to all kinds of employment arrangements—whether regular, contractual, project-based, or any other—as long as there exists an employer-employee relationship.
Legitimate Spouse: The male employee must be cohabiting (living with) his legitimate spouse at the time she gives birth or suffers a miscarriage.
Number of Children: Paternity leave applies up to the first four (4) deliveries/miscarriages of the legitimate spouse.

Paternity Leave Duration

Duration of Leave: Seven (7) calendar days.
Timing: Typically availed right after the birth or miscarriage; however, some companies allow flexibility within a short period from the date of childbirth.

2. Who Pays the Paternity Leave Benefit?

Perhaps the most frequently asked question is who shoulders the payment for the 7-day paternity leave.

Employer-Paid Benefit
- Under RA 8187, it is the employer who pays for the salary or wages of the qualified employee during paternity leave.
- There is no Social Security System (SSS) monetary benefit equivalent for paternity leave (unlike maternity leave, which is largely covered by the SSS). Consequently, paternity leave is not reimbursed by the SSS to the employer.
- The law mandates full pay for the duration of the 7-day leave, using the employee’s current daily rate.
Company Policies
- Many companies in the Philippines may have expanded benefits or alternative methods of extending additional paternity leaves or flexible leave plans. However, any arrangement over and above the 7-day statutory paternity leave is subject to company discretion.
- Regardless of company policies, the minimum paid paternity leave period is 7 days, strictly at the employer’s expense.
For Deployed Employees (Local or Overseas)
- The law does not distinguish between employees physically working in the office, working remotely, or on overseas/local deployment.
- If the employer-employee relationship exists under Philippine jurisdiction and the employee meets the eligibility requirements (legally married, cohabiting with his wife, etc.), the same rule applies: the employer pays.
- Even if the employee is temporarily assigned abroad or to another local branch/site, the obligation to pay remains with the Philippine-based employer (or the employer’s designated local entity in case of multinational structures).

3. Eligibility Criteria and Requirements to Avail of Paternity Leave

To avail of paternity leave benefits, male employees usually must:

Notify the Employer
- Inform HR or management within a reasonable period of time of the spouse’s pregnancy and due date.
- Some employers have specific timelines or forms for notice.
Submit Supporting Documents
- Marriage Certificate to prove the employee is legally married to the pregnant spouse.
- Birth Certificate (or a medical certificate in case of miscarriage) after the event.
Cohabitation Proof
- While rarely demanded in strict documentary form, the employee should be cohabiting with the wife at the time of childbirth. If there are circumstances where they live separately for valid reasons (e.g., overseas employment or short-term assignments), the IRR generally considers them to be living together if the separation is temporary and purely due to work reasons.

4. Common Questions and Clarifications

a) Is paternity leave different from other leaves?

Yes, paternity leave is separate and distinct from:

Vacation Leave (VL) and Sick Leave (SL).
Parental Leaves provided by other statutes or company policies (e.g., Solo Parent Leave, Expanded Maternity Leave benefits for female employees).

b) Can the employer refuse to pay paternity leave?

No, as long as the employee meets all legal requirements under RA 8187. The employer is duty-bound to pay the 7-day paternity leave.
Employers who fail to comply may face administrative penalties if reported to the Department of Labor and Employment (DOLE).

c) Does the employee continue to earn benefits during paternity leave?

Since paternity leave is considered official paid leave, employees typically continue to earn length-of-service credits and other benefits (e.g., 13th month pay components) just as if they were working, unless specific company policy says otherwise. The law does not allow discrimination against an employee on paternity leave.

d) Is there an SSS reimbursement for paternity leave?

No. Unlike maternity leave, which is largely covered by the Social Security System (SSS) and reimbursed to the employer, paternity leave does not have an equivalent SSS payment scheme. The employer shoulders the entire cost of the salary or wage for the duration of the paternity leave.

e) What if the employee is not in the country at the time of birth?

Eligibility still depends on the employment relationship and compliance with documentary requirements. If the father is legitimately married to the mother, cohabits when not deployed, and is on an official overseas assignment, he remains entitled to avail the leave.
In practice, employees might coordinate with HR to schedule remote or immediate leave returns. If physical presence at the site of birth is impossible, the employee can still claim the leave (subject to employer’s internal policies and proof of eligibility).

5. Government vs. Private Sector: Any Differences?

Private Sector: Covered under RA 8187. The 7-day paid paternity leave is mandatory, employer-funded, and not reimbursed by SSS.
Government Sector: Civil service rules also grant paternity leave. While the Civil Service Commission (CSC) issues separate guidelines, they generally align with RA 8187. Payment for government employees’ paternity leave comes from the agency’s budget, subject to CSC rules.

6. Compliance and Enforcement

Department of Labor and Employment (DOLE) is the key agency enforcing private-sector compliance.
If an employer violates paternity leave laws (e.g., refuses to provide paid paternity leave), an aggrieved employee may:
1. File a complaint before the appropriate DOLE Regional Office.
2. Pursue remedies under existing labor law procedures.

Penalties can range from administrative fines to more severe sanctions, depending on the severity and frequency of violations.

7. Key Takeaways

Employer Funding
- All paternity leave benefits are 100% employer-paid. There is no reimbursement mechanism from the SSS.
Eligibility Requirements
- Legally married, living with spouse, birth or miscarriage must be within the first four (4) deliveries, and proper notice/documentation must be given.
Deployment Status is Irrelevant
- Whether the employee is locally or overseas deployed under a Philippine employer, as long as the legal requirements are satisfied, the same statutory entitlement applies.
Duration
- 7 calendar days of full pay, separate from other leaves and entitlements.
Enforcement
- Overseen by DOLE. Non-compliant employers may be reported and penalized.

Conclusion

In the Philippines, paternity leave for deployed employees—whether working on a local project site or assigned overseas—remains employer-paid and guaranteed by law under RA 8187. The statute makes no distinction based on the physical location of the employee; as long as the employment relationship is governed by Philippine labor laws and eligibility criteria are met, the employer is duty-bound to pay the 7-day paternity leave. Unlike maternity benefits (which are handled by the SSS), paternity leave compensation is solely the employer’s responsibility—no portion is reimbursable from any government agency.

Ultimately, for expectant or new fathers in the Philippine workforce, knowing these legal entitlements and the mechanics of availing them ensures they can exercise their rights fully and provide much-needed care and support during a critical family milestone.