Paternity leave

Paternity leave benefits are given to married male employees whose legal wife underwent delivery or miscarriage. The benefit applies to all male employee regardless of employment status. The benefit consists of seven (7) days of leave credits with full pay.

1. Concept

Paternity leave benefits are leave credits extended to married male employees “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” (Sec. 3, R.A. 8187).

The paternity leave benefits apply to male employees regardless of their employment status (e.g. regular, probationary, casual, project, seasonal, fixed-term).

2. The Benefit

The benefit consists of seven (7) days of leave credits with full pay.

The Department of Labor and Employment (DOLE), through issuances, has interpreted the benefit as seven (7) calendar days, and not working days.

The benefit applies to the first four (4) deliveries of the male employee’s legal wife, with whom he is cohabiting.

The term “cohabiting” refers to the obligation of the husband and wife to live together unless there is a justifying circumstance for them living separately. This may include situations wherein either one of them may be required to live elsewhere due to work (e.g. deployment, overseas work, etc.), as well as due to medical reasons such as when either one of them has to be admitted to a hospital for his/her protection from diseases or be quarantined to av...


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