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

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