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RA 8187 or Paternity Leave Act together with a copy of his marriage contract or

where not applicable, any proof of marriage.


Paternity Leave
- Refers to leave credits granted to a married Notification requirement – does not apply in
male employee to allow him to earn cases of Miscarriage or Abortion
compensation for seven (7) working days
without reporting for work, provided that his An employee who has availed of the paternity leave
spouse has delivered a child or had a benefits shall, within reasonable period of time,
miscarriage or an abortion for the purpose submit a copy of the following:
of lending support to his wife during her  Birth Certificate of the newly born child
period of recovery and/or the nursing of the  Death or Medical Certificate, in case of
newly born child Miscarriage or Abortion duly signed by the
attending physician or midwife
Section 2. Coverage
showing actual date of childbirth, miscarriage
Private Sector or abortion
Every married male employee shall be entitled to
paternity leave benefits of 7 working days with full Sec.5. Availment
pay for the first 4 deliveries by his lawful spouse The paternity benefits may be availed of by the
under such terms and conditions as herein qualified employee BEFORE, DURING or AFTER
provided. the delivery by his wife; provided,

Public Sector  Total number of days shall not exceed 7


Rules on paternity leave of employees shall be days for each delivery
promulgated by the Civil Service Commission.  This benefit shall be availed of NOT later
than 60 days after the date of said delivery
Sec. 3. Conditions for entitlement of paternity
leave benefits SECTION 6. Benefits. — The employee is entitled
A married male employee shall be entitled to to seven (7) working days paternity leave with pay,
paternity leave benefits, provided that: consisting of basic salary, all allowances and
other monetary benefits.
a) He is employed at the time of the delivery of
his child; SECTION 7. Non-Conversion of benefits. — In
the event that the paternity leave benefit is not
b) He has notified his employer of the availed of, said leave shall not be convertible to
pregnancy of his wife and her expected cash.
date of delivery within reasonable time

c) His wife has given birth, suffers a SECTION 8. Penalty. — Any person, corporation,
miscarriage or an abortion. trust, firm, partnership, association or entity found
violating any provision of these Rules shall be
Sec. 4. Notification – as soon as the married male penalized by:
employee learns that his spouse is pregnant, he  a fine not exceeding twenty five thousand
shall inform his employer of such pregnancy and pesos (P25,000) or
the expected date of delivery within a reasonable
period of time.  imprisonment of not less than thirty (30)
days nor more than six (6) months.
The employee shall accomplish a Paternity
Notification Form to be provided for by the
employer and submit the same to the latter,

1
 If the violation is committed by a
CORPORATION, TRUST FIRM, PARTNERSHIP,
ASSOCIATION or any OTHER ENTITY, the
penalty of imprisonment shall be imposed
on the entity’s responsible officers,
including, but not limited to the following:

o President,
o Vice-president,
o Chief executive officer,
o General manager,
o Managing director or
o Partner directly responsible
therefor.

SECTION 9. Non-diminution clause. — Nothing


in these Rules shall be construed to reduce or
replace any existing benefits of any kind granted
under existing laws, decrees, executive orders; or
any contract, agreement or policy between
employer and employee.

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