Paternity Leave Benefits in the Philippines (RA 8187)
Guide to the 7-day paternity leave — eligibility requirements, coverage, and how to avail.
What Is Paternity Leave?
Paternity leave is a statutory leave benefit that entitles qualified married male employees to seven (7) working days of leave with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
This benefit was established by Republic Act No. 8187 (Paternity Leave Act of 1996) to allow fathers to support their wives during and after childbirth.
Legal basis: Republic Act No. 8187 (Paternity Leave Act of 1996)
Duration and Pay
- Duration: 7 working days with full pay
- Coverage: First 4 deliveries (instances of pregnancy) of the legitimate spouse
- Paid by: The employer (not SSS-reimbursable)
- Non-convertible: Unused paternity leave is not convertible to cash
- Non-cumulative: Unused days do not carry over
Eligibility Requirements
To qualify for paternity leave, the male employee must meet all of the following conditions:
- Legally married to the woman who is giving birth
- Employed at the time of the delivery of the child
- Cohabiting with the spouse at the time of delivery
- The delivery is among the first four deliveries of the legitimate spouse
How to Avail
The employee should notify the employer of the pregnancy and expected date of delivery. The 7-day leave may be taken:
- Before the expected date of delivery (to prepare for childbirth)
- On the actual date of delivery
- After the delivery (to support the wife during recovery)
The leave must be availed of within a reasonable period around the date of delivery.
Additional Allocable Leave from Mother
Under the Expanded Maternity Leave Law (RA 11210), the wife may allocate up to 7 additional days of her maternity leave to the father. This is separate from and in addition to the 7-day paternity leave under RA 8187, potentially giving the father up to 14 days total.
Frequently Asked Questions
How many days is paternity leave in the Philippines?
Under RA 8187 (Paternity Leave Act of 1996), qualified married male employees are entitled to 7 days of paternity leave with full pay for the first 4 deliveries of the legitimate spouse.
Is paternity leave paid?
Yes. Paternity leave is with full pay based on the employee's regular or average income. The employer shoulders the cost of paternity leave — it is not reimbursable from SSS.
What are the eligibility requirements for paternity leave?
To qualify, the employee must be: (1) a married male, (2) employed at the time of delivery, (3) cohabiting with his spouse at the time of delivery, and (4) applying for the first 4 deliveries (instances of pregnancy) of his legitimate spouse.