FAQ: Solo Parent Leave
Frequently Asked Questions with their Answers
What is Solo Parent Leave?
Solo Parent Leave is a benefit that grants eligible solo parent employees seven (7) working days of leave with full pay each year to enable them to perform parental duties where their physical presence is required.
Who qualifies as a solo parent under the law?
Solo parent – refers to ‘any individual who falls under any of the following categories:
1) A parent who provides sole parental care and support of the child or children due to –
(a) Birth as a consequence of rape, even without final conviction: Provided, That the mother has the sole parental care and support of the child or children: Provided, further, That the solo parent under this category may still be considered a solo parent under any of the categories in this section;
(b) Death of the spouse;
(c) Detention of the spouse for at least three (3) months or service of sentence for a criminal conviction;
(d) Physical or mental incapacity of the spouse as certified by a public or private medical practitioner;
(e) Legal separation or de facto separation for at least six (6) months, and the solo parent is entrusted with the sole parental care and support of the child or children;
(f) Declaration of nullity or annulment of marriage, as decreed by a court recognized by law, or due to divorce, subject to existing laws, and the solo parent is entrusted with the sole parental care and support of the child or children; or
(g) Abandonment by the spouse for at least six (6) months;
2) Spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of the child or children of an OFW: Provided, That the said OFW belongs to the low/semi-skilled worker category and is away from the Philippines for an uninterrupted period of twelve (12) months: Provided, further, That the OFW, his or her spouse, family member, or guardian of the child or children of an OFW falls under the requirements of this section;
3) Unmarried mother or father who keeps and rears the child or children;
4) Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children;
5) Any relative within fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children as a result of the death, abandonment, disappearance or absence of the parents or solo parent for at least six (6) months: Provided, That in cases of solo grandparents who are senior citizens but who have the sole parental care and support over their grandchildren who are unmarried, or unemployed and twenty-two (22) years old or below, or those twenty-two (22) years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, they shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior Citizens Act of 2003’; or
6) A pregnant woman who provides sole parental care and support to the unborn child or children.
NB: For purposes of being entitled to the solo parent beave benefit, the solo parent must be “exercising sole parental care and support of the child or children”. (R.A. 8972, as amended, Section 16)
What are the eligibility requirements to avail of Solo Parent Leave?
The following are the conditions for entitlement:
1) That they are solo parents as defined under R.A. 8972, as amended;
2) That they have rendered service of at least six (6) months;
3) That they have presented a Solo Parent Identification Card (SPIC); and
4) That they have “notified their employer of the availment thereof within a reasonable time”. (R.A. 8972, as amended, Sections 8 and 15[e]; DOLE-BWC Handbook, p. 35)
How can one obtain a Solo Parent ID?
Apply at the local Social Welfare and Development Office with documents proving solo parent status such as a birth certificate of the child.
Is the Solo Parent Leave benefit in addition to other leave benefits?
Yes, Solo Parent Leave is granted in addition to other leave privileges like service incentive, sick, or vacation leave.
Can Solo Parent Leave be carried over to the next year if unused?
No, it is non-cumulative and cannot be carried over or converted to cash.
Is Solo Parent Leave applicable to both male and female employees?
Yes, it is applicable to both genders.
Are solo parents entitled to flexible work schedules?
Yes, provided it does not affect productivity.
Can an employer deny a solo parent’s application for leave?
No, if the employee meets all the requirements and follows procedures.
What is the process for availing Solo Parent Leave?
Notify the employer in advance and submit the necessary documentation.
Does Solo Parent Leave apply to contractual or probationary employees?
Yes, as long as they have rendered at least six months of service.
Are there any penalties for employers who refuse to grant Solo Parent Leave?
Yes, employers may face penalties under labor law.
Can a solo parent avail of the leave to attend school activities of their child?
Yes, it includes attending school activities and other parental duties.
Is there a limit to the number of children for whom a solo parent can avail of the leave?
No, the number of children does not affect entitlement.
Can Solo Parent Leave be used intermittently?
Yes, subject to the employer’s approval.
Are there other benefits available to solo parents aside from the leave?
Yes, including educational, housing, and medical benefits.
What should an employee do if their employer denies their Solo Parent Leave?
File a complaint with the Department of Labor and Employment (DOLE).
Is Solo Parent Leave applicable in both the public and private sectors?
Yes, it applies to both sectors.
How many days of Solo Parent Leave are granted annually?
Seven (7) working days with full pay.
Can the leave be taken in half-day increments?
Yes, as long as it is approved by the employer.
References
LaborLaw.PH, Solo Parent Employees, (updated April 7, 2025), https://laborlaw.ph/solo-parent-employees.
LaborLaw.PH, Solo Parent Leave, (updated April 7, 2025), https://laborlaw.ph/solo-parent-leave.
OpenAI ChatGPT-4 (2025), ChatGPT-4 response to author’s prompt on 7 April: “ Develop original content by developing 20 frequently asked questions with their answers using this webpage: https://laborlaw.ph/solo-parent-leave“, reviewed by J. Del Puerto. OpenAI. Available at: https://chat.openai.com (Accessed: 7 April 2025).
PHILIPPINE COMMISSION ON WOMEN, Republic Act No. 11861: Republic Act No. 11861: Expanded Solo Parents Welfare Act, (n.d.), https://pcw.gov.ph/republic-act-no-11861-expanded-solo-parents-welfare-act.
