LABOR LAWS: Paternity Leave availment

Today's issue at work is the availment of the seven (7) days paternity leave provided for under the Paternity Act of 1996 otherwise known as the Republic Act No. 8187. Under the Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

Background:

An employee filed a paternity leave for 7 days and informed his supervisor who is on medical leave. The supervisor denied the leave and suggested that it be taken when she is back in the office since no one will carry on the work if both of them are gone.

Issue:

Whether or not the Paternity leave can be taken after a few months of wife's delivery?

Ruling:

Yes. According to Section 5 of the Implementing Rules and Regulations of Republic Act No. 8187 for the Private Sector (Paternity Leave Act of 1996), the leave may be enjoyed before, during or after the delivery (but not later than 60 days after).

Comments

Unknown said…

Is it necessary for the employee to have at least one (1) year service with the company before he can avail the paternity leave? Is there any requirements on how long the stay of an employee so that he can avail the said benefits?

pls send also your answer to my personal email address: jfcapanpanhse@gmail.com

January 23, 2011 at 12:16 AM

Unknown said…

January 23, 2011 at 12:17 AM

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