Solo Parent Employees

1. Concept

Solo parents – refers to ‘any individual who falls under any of the following categories:

(a) A parent who provides sole parental care and support of the child or children due to –

(1) 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;

(2) Death of the spouse;

(3) Detention of the spouse for at least three (3) months or service of sentence for a criminal conviction;

(4) Physical or mental incapacity of the spouse as certified by a public or private medical practitioner;

(5) 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;

(6) 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

(7) Abandonment by the spouse for at least six (6) months;

(b) 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;

(c) Unmarried mother or father who keeps and rears the child or children;

(d) Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children;

(e) 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

(f) A pregnant woman who provides sole parental care and support to the unborn child or children.’ (R.A. 8972, as amended, Section 4)

Children or dependents – refer to ‘those living with and dependent upon the solo parent for support who are unmarried, unemployed and twenty-two (22) years old or below, or those over twenty-two (22) years old 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: Provided, That this definition shall only apply for purposes of availing the benefits under this Act.’ (R.A. 8972, as amended, Section 4[b])

Parental care and support – refer to ‘the acts of providing for the basic needs, health care, mental and physical safety, emotional support and formation of the personality of the child.’ (R.A. 8972, as amended, Section 3[d])

Spouse – refers to ‘a husband or wife by virtue of a valid marriage or a partner in a common-law relationship as defined under Article 147 of Executive Order No. 209, otherwise known as “The Family Code of the Philippines”’. (R.A. 8972, as amended, Section 3[f])

2. Parental benefit

The BenefitComputation
Solo Parent Leave7 days with full pay

The benefit consists of ‘a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee.’ (R.A. 8972, as amended, Section 8)

More info: Solo parent leave

3. Flexible work schedule

Section 6. Flexible Work Schedule. – The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

(R.A. 8972, as amended)

Flexible work schedule – refers to ‘a work arrangement granted to solo parent employee to vary the arrival and departure time in t he workplace without affecting the core work hours as defined by the employer.’ (R.A. 8972, as amended, Section 3[c])

Solo parent employees have the right to ask for a flexible working schedule from their employers so long as the it does not affect individual and company productivity, as well as the core work hours as defined by the employer.

4. No work Discrimination

Section 7. Work Discrimination. – No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his or her status. Employers may enter into agreements with their solo parent employees for a telecommuting program, as provided in Republic Act No. 11165, otherwise known as the ‘Telecommuting Act’: Provided, That said solo parent employees shall be given priority by their employer. (As amended by R.A. 11861)

(R.A. 8972, as amended)

Under Section 7, discrimination against solo parents is prohibited on account of their status.

a. Telecommuting

Employers and solo parent employees may agree telecommuting arrangement for work. If the telecommuting arrangement is open for other employees, the solo parent employees will be given priority. (R.A. 8972, as amended, Section 7)

5. Child minding centers

Section 10. Child Minding Centers. – The DOLE and the CSC shall promote and encourage the establishment of appropriate child minding centers within the workplace, or in accessible locations to the workplace or residence of the solo parent. (As amended by R.A. 11861)

(R.A. 8972, as amended)

Child minding centers – refers to ‘a facility or area within the workplace or in accessible locations to the solo parent or workplace of the guardian provided by the employer where the children of a solo parent employee aged seven (7) years old and below are habitually received for purposes of care and supervision during working hours.’ (R.A. 8972, as amended, Section 3[a])

6. Favorable stipulations to employees

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

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