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SOLO PARENT ACT

REPUBLIC ACT NO. 8972

An Act of providing for benefits


and privileges to solo parents
and their children, appropriating
funds therefore and for other
purposes.
BACKGROUND

• Known as the “Solo Parents’ Welfare Act of


2000.
 It was approved on November 7, 2000.
 It is the policy of the State to promote the
family as the foundation of the nation,
strengthen its solidarity and ensure its total
development.
Who are the solo parent?

Any individual who falls under any of


the following categories:

1. A woman who gives birth as a result of


rape and other crimes against chastity
even without a final conviction of the
offender. Provided, that the mother
keeps and raises the child;
Who are the solo parent?
Parent left solo or alone with the responsibility
of parenthood
2. due to death of spouse;
3. while the spouse is detained or is serving
sentence for a criminal conviction for at least
one year;
4. due to physical and or mental incapacity of
spouse as certified by the public medical
practitioner;
Who are the solo parent?
5. due to legal separation or de facto
separation from spouse for at least one year,
as long as he/she is entrusted with the
custody of the children;
6. due to declaration of nullity or annulment
of marriage as decreed by a court or by a
church as long as he/she is entrusted with the
custody of the children;
7. due to abandonment of spouse for at least
one year.
Who are the solo parent?

8. unmarried mother/father who has


preferred to keep and rear her/his child /
children instead of having others care for
them or give them up to a welfare
institution;
9. any other person who solely provides
parental care and support to a child or
children; provided he/she is duly licensed as
a foster parent by the DSWD or duly
appointed legal guardian by the court;
Who are the solo parent?
10. any family member who assumes the
responsibility of head of the family as a
result of the death, abandonment,
disappearance or prolonged absence of
the parents or solo parent.
• A change in the status or circumstance of the
parent claiming benefits under this Act, such
that he/she is no longer left alone with the
responsibility of parenthood, shall terminate
his/her eligibility for these benefits.
CHILDREN

Refers to those living with and dependent


upon the solo parent for support who are
unmarried, unemployed and below 18 years
of age, or even 18 years and above but are
incapable of self-support and/or mentally
and/or physically challenged.
EMPLOYMENT RELATED BENEFITS

1. Parental leave
2. Flexible work schedule
3. No work discrimination
PARENTAL LEAVE

WHAT IS PARENTAL LEAVE?


Parental leave is a leave granted to a solo
parent employee who has rendered at least
one year of service.

HOW MANY DAYS IS PARENTAL


LEAVE?
Parental leave should not be more than
seven (7) working days per year.
PARENTAL LEAVE

• IS THE SEVEN DAY PARENTAL LEAVE


CUMULATIVE?
This in non- cumulative.
• WHAT ARE THE REQUIREMENTS FOR
AVAILMENT OF THIS LEAVE?
The solo parent has:
• rendered at least one year of service
whether continuous or broken;
PARENTAL LEAVE

• Notified the employer within a


reasonable time period; and
• Presented a Solo Parent Identification
Card to his/her employer (while the ID
is in process, any proof maybe
presented)
SOLO PARENT ID

WHERE CAN A SOLO PARENT GET


THE SOLO PARENT IDENTIFICATION
CARD?

Municipal/Social Welfare and


Development Office
PARENTAL LEAVE

• IS THE PARENTAL LEAVE CONVERTIBLE TO


CASH?
NO, unless specifically agreed upon.

• IF THERE IS A SIMILAR BENEFIT GIVEN


GREATER THAN WHAT THE LAW
PROVIDES, WHICH WILL PREVAIL?
The greater benefit shall prevail
WHEN CAN A SOLO PARENT AVAIL OF
PARENTAL LEAVE?
A solo parent may avail of parental leave with
pay in any of the following circumstances:
• When his/her child gets ill;
• He/she needs to attend Parent-Teacher
Association (PTA) meetings in school;
• For child enrollment purposes; or
• Other circumstances necessary in the
performance of parental duties and
responsibilities where the physical presence
is required.
FLEXIBLE WORK SCHEDULE

WHAT ARE THE DIFFERENT TYPES OF FLEXIBLE


WORK SCHEDULES ALLOWED BY DOLE POLICY?

Compressed Work Week - the compressed


workweek of 48 hours in six days is
compressed for 5 days, which is approximately
9.6 hours per day, without payment of
overtime pay in exchange for an additional day
off in a week, savings on transportation and
meal expenses, among other considerations.
FLEXIBLE WORK SCHEDULE

Gliding Time Schedule


- the schedule allows an employee to flexible
punch-in time ( e.g. anytime from 7:00 am -
9:00am and punch out after 8 hours of work)
Other flexible work arrangements as agreed
upon by parties, provided the minimum
requirements of the law are met.
FLEXIBLE WORK SCHEDULE

WHEN CAN AN EMPLOYER PROVIDE FOR A


FLEXIBLE WORK SCHEDULE FOR A SOLO
PARENTS?

An employer shall provide for flexible work


schedule when requested by a solo parent
employee provided the same shall not affect
individual and company productivity.
No Work Discrimination

No work discrimination. Employers are


prohibited from discriminating against any
solo-parent employee with respect to terms
and conditions of employment on account of
his/her status.
TERMINATION OF BENEFITS

WHEN CAN THE SOLO PARENT BENEFITS BE


TERMINATED?
A change in the status or circumstance of the
parent claiming the benefits under the RA 8972
such that he/she is no longer left alone with
the responsibility of parenthood, shall
terminate his/her eligibility for these benefits.
WHAT ARE THE REQUIREMENTS IN
SECURING A SOLO PARENT ID?

1. Barangay certificate residency in the area;

2. Documents/Evidence that the applicant is a


solo parent (e.g. death certificate of spouse,
declaration of nullity of marriage, medical
certificate – if incapacitated); and

3. Income Tax Return (ITR) or certification from


the barangay/municipal treasurer.
Thank you!

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