Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work. The benefit applies to all solo parents. The benefit consists of seven (7) working days of leave credits with full pay.
1. Concept
Solo paternity leave benefits are leave credits extended to solo parents as defined by R.A. 8972.
a. Solo parent
Under the law, solo parents are any individual left alone with the responsibility of parenthood.
These include:
1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;
2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;
6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;
7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;
8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;
9) Any other person who solely provides parental care and support to a child or children; and,
10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.
b. Children
The law defines children as those living with and dependent upon the solo parent for support, and who are unmarried, unemployed, and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.
2. The benefit
The benefit consists of seven (7) working days of leave credits with full pay.
3. The Computation
The leave credit is equal to the basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.
4. Usage
The benefit is designed to grant a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.
5. Conditions for entitlement
The following are the conditions for entitlement:
1) He/she has rendered at least one (1) year of service, whether continuous or broken;
2) He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and,
3) He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
6. Application
The application should be made within a reasonable period of time to give the employer an opportunity to make adjustments while the employee is on leave.
7. Non-convertible to cash
The benefit is not convertible to cash as the objective is for the solo parent employee to perform parental duties and responsibilities where physical presence is required.
8. If no longer a solo parent
The benefit will be terminated if the employee loses his status as a solo parent, such as by marrying or re-marrying, adoption of the children by other persons, and similar thereto.
9. Flexible work schedule
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.
10. Employment contract, company policies, CBA
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.
References
▪ Republic Act No. 8972, a.k.a. Solo Parents’ Welfare Act of 2000
⦁ 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits
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/Updated: February 12, 2023
