The Ultimate Guide for Paternity Benefits Philippines

9 July 2022
The Ultimate Guide for Paternity Benefits Philippines

Do you still remember the moment when your wife or partner shared the great news? How about when knowing the expected date of your little one? Fatherhood is a life-changing phase but also a rewarding one. The journey can vary and it won't guarantee a smooth sail. You'll have to learn lots of things beforehand and prepare yourselves financially, mentally, physically, and spiritually as the baby joins your family. And as the government's duty to protect its citizens, soon-to-be-dads are also entitled to paternity benefits in the Philippines. Hence, we came up with the ultimate guide to help you prepare for the big day.


The Paternity Leave Law and the Benefits You Can Claim

To set your expectations, this isn't like the financial benefits you get from the government sectors like PhilHealth and SSS maternity benefits. Additionally, the Philippine Labor Code only mentions benefits for maternity leave; it makes no mention of paternal benefits. The Paternity Leave Act of 1996, also known as Republic Act 8187, and the Allocation of Maternity Leave Credits under Section 6 of Republic Act 11210, respectively, do provide for paternity leave benefits.


Male private and public employees in the Philippines have a right to seven days of paid paternity leave per RA 8187. They should be paid their base pay for those days, together with any applicable allowances and other financial perks. Also, it encourages fathers to support their partners during recovery after a miscarriage or abortion but most especially, to care for the newborn and wife.


RA 11210 Section 6: The Allocation of Maternity Leave Credits

With only seven days of paid leave with full pay under paternity leave, there's a workaround with your wife's maternal leave credits. It's a 105-day Expanded Maternity Leave Law with full pay for female workers both in the private and government sectors. Mothers can opt for an additional 30 days of leave but without pay, and on the other hand, qualifying single mothers are given an additional 15 days.


Under RA 11220 Section 6, you are allowed to stretch your leave for an additional seven days provided that your wife, who is a private sector employee, will avail of the maternity leave transfer. Note that you can only avail of the said leave changes when you are currently employed as well. So, all in all, you can get a maximum of 14 days of paternity leave depending on the claws you'll require.


Paternity Leave Eligibility

Of course, paternity leaves are not applicable for every soon-to-be father's scenario. So, if you have questions like these two, which are common by the way, let us help you reach an understanding.


“Can I receive or avail paternity leave if I’m not married to my partner?”

“Can I still file a paternity leave even if I’m not living with my wife?”


Unfortunately, it's no for both questions. Only male employees in the commercial and public sectors who are married and cohabitating are eligible for paternity leave. But the 105-Day Expanded Maternity Leave Law states that the mother can avail the transfer of leave credits to you even if you’re not legally married.


What Are the Requirements for Paternity Leave

Once you meet the following conditions, you can proceed to avail of paternity leave benefits.

  • You must be employed, regardless of employment status. So, it's acceptable if you're a regular, probationary, casual, seasonal, or fixed-term employee.
  • You must be employed at the time of childbirth to avail the benefit.
  • You must have a wife who’s pregnant, has given birth, or has had a miscarriage.
  • You are eligible if the pregnancy, delivery, or miscarriage has not happened more than four times.
  • You must be legally married to your pregnant wife.
  • You must be living with your legitimate wife under one roof.

Inform your company in a timely manner of your wife's pregnancy and the expected delivery date (Not required for cases of miscarriage).


Heads Up: When Can You File a Paternity Leave?

You can take paternity leave before, during, and after your wife gives birth. Just keep in mind that with each child delivery, the total number of days off shouldn't surpass seven working days.


For instance, you are allowed to take a leave of absence starting two days before your wife's due date and ending four days following the birth of the kid. However, the law only permits taking the leave within 60 days after the child's delivery. Just make sure you have the necessary paperwork for the transfer of maternity leave credits if you apply for the 14-day paternity leave.


Welcome to Fatherhood: 6 Steps on How to Apply for Paternity Leave in the Philippines

Filing for maternal leave benefits isn't the same for yours. It is filed with the SSS program while you must file your paternity leave with your employer and take the following steps to avail of the paternity leave benefits.


Step 1: Inform the HR department of the pregnancy and the anticipated delivery date.

Step 2: Get the Paternity Notification Form provided by your employer and fill it out.

Step 3: Deliver the completed form and a copy of your marriage license to HR. Additionally, as proof of your wife's pregnancy, your employer can ask for a copy of her ultrasound results and other medical documents.

Step 4: Prepare the SSS paternity leave requirements by submitting the completed SSS Allocation of Maternity Leave Credits form and Maternity Notification form if you're taking advantage of the additional seven days of leave.

Step 5: You must provide a copy of your child's birth certificate after claiming your paternity benefits and within a reasonable amount of time. Please produce a medical or death certificate in the event of a miscarriage or abortion.

Step 6: Unlike maternity leave benefits aligned with SSS, a separate paternity leave policy may be in place at your workplace. Hence, it is essential to inquire about the precise measures to follow with the HR department.


Why Should You Take Paternity Leave?

Don't miss out to watch your children's growth. There are lots of reasons why you should take advantage of the paternity leave benefit. It can help fathers to form a strong bond with their children and be involved in the process. Plus, science has proven that most fathers who avail the benefit have positive effects on their mental and physical health.


Taking a paternity leave also provides a chance for a father to take care of his wife after doing a great job in delivering the baby. Paternity leave ultimately has the potential to strengthen the family unit and advance the health and wellbeing of both parents and children.


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