Can Anyone Avail of the Paternity Leave?

taken from www.liverpool.ac.uk

As the term paternity leave suggests, it may be availed of only by the father in contrast with maternity leave.  The question that may be asked is can anyone avail of this leave?

In accordance with Republic Act No. 8187 or also known as the "Paternity Leave Act of 1996", the definition of paternity leave provides the persons who can avail the same.  Thus:

"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."

So, not all male employees can avail of the paternity leave.  Only those legally married male employees who are granted this kind of leave.  

Hence, if a male employee fathered his common law spouse/live in wife, he cannot avail the benefits granted by the law.

image taken from www.telegraph.co.uk

Further, the same law provides that:

"Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.  The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery."

Note, the paternity leave shall only be limited to 7 days and for the first four (4) deliveries only of the legitimate spouse.  Delivery shall include childbirth or any miscarriage.

Sec. 20 of the Civil Service Commission Resolution No. 1501531 which was promulgated on December 21, 2015:

"Paternity Leave of seven days shall be non-cumulative and strictly non-convertible to cash.  The same may be enjoyed either in a continuous or in an intermittent manner by the employee on the days immediately, before, during, and after the childbirth or miscarriage of his legitimate spouse.  Said leave shall be availed of not later than 60 days after the date of the child's delivery."

Sources:  Civil Service Commission, R.A. No. 8187

Comments

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more