A Complete Guide to Paternity Benefits and Leave For Working Fathers
A Complete Guide to Paternity Benefits and Leave For Working Fathers. For many Filipino fathers, the journey into parenthood begins long before the baby is born. Providing emotional, physical, and financial support to a pregnant partner is a vital responsibility, and this support only intensifies after childbirth. That’s why understanding your rights as a father particularly around paternity leave is crucial.
This comprehensive article explores everything you need to know about paternity benefits in the Philippines, including eligibility, leave duration, legal frameworks, and application procedures. If you’re a working dad or expecting to become one soon, read on to discover how to claim what you rightfully deserve.
What is Paternity Benefits in the Philippines?
Many are surprised to learn that the Philippines does not offer direct SSS paternity benefits or SSS paternity leave under the Social Security System. Instead, paternity-related provisions are governed by specific laws, primarily:
- Republic Act No. 8187 (Paternity Leave Act of 1996)
- Republic Act No. 11210 (105-Day Expanded Maternity Leave Law)
These laws aim to support working fathers by offering paid leave and allowing shared maternity leave credits in certain cases.
Read also: SSS Maternity Benefits – SSS Maternity Benefits Computation
The Paternity Leave Law (RA 8187)
Under Republic Act 8187, male employees working in the private or public sector are entitled to seven (7) calendar days of paternity leave with full pay.
| Feature | Details |
|---|---|
| Eligibility | Legally married male employees living with their pregnant spouse |
| Coverage | Applies to both private and public sector employees |
| Leave Duration | 7 calendar days (not working days) |
| Leave Limit | Up to 4 deliveries (including miscarriage) |
| Compensation | Full salary + mandatory government allowances |
| Purpose | Assist spouse during childbirth or miscarriage |
This leave is non-cumulative and cannot be converted into cash. Fathers can avail it either before, during, or after the child’s delivery, as long as it falls within 60 days after childbirth.
Transfer of Maternity Leave Credits (RA 11210, Section 6)
While seven days of leave may not be enough for many fathers, there is an option to extend it. The Expanded Maternity Leave Law (RA 11210) allows female employees to allocate seven days of their maternity leave credits to the child’s father, even if the couple is not legally married.
| Provision | Details |
|---|---|
| Leave Duration | 105 days paid + optional 30 days unpaid |
| Solo Mothers | Additional 15 days paid |
| Leave Credit Transfer | 7 days transferable to the father |
| Eligibility for Transfer | Must be a private sector employee; recipient must be currently employed |
| Remaining Leave After Transfer | 98 days of maternity leave for the mother |
By combining the benefits of RA 8187 and RA 11210, a father may receive up to 14 days of paid leave in total.
How Many Days is Paternity Leave in the Philippines in 2024?
With the transfer of maternity leave credits, a father can now claim:
- 7 days under RA 8187
- 7 additional days under RA 11210
This totals 14 days of paid paternity leave, provided that both legal and employment conditions are met.
There is also pending legislation House Bill No. 4430 (filed in 2023) which proposes extending paternity leave to 30 paid days, regardless of the father’s marital status. If enacted, this could revolutionize paternity benefits in the Philippines.
Who is Eligible for Paternity Leave?
Basic Eligibility Criteria
| Condition | Requirement |
|---|---|
| Employment | Must be currently employed (any status: regular, probationary, etc.) |
| Marital Status | Must be legally married |
| Residency | Must live with the pregnant spouse |
| Pregnancy History | Childbirth or miscarriage up to four times |
| Notification | Must inform employer of pregnancy and delivery date |
Fathers not legally married are ineligible under RA 8187 but may benefit from maternity leave credit transfers under RA 11210.
Paternity Leave Application Process
Unlike maternity benefits, paternity leave is filed directly with your employer, not with the SSS. Here’s how to claim it:
- Notify your HR about your spouse’s pregnancy and the expected due date.
- Fill out your employer’s Paternity Notification Form.
- Submit the form along with:
- Copy of your Marriage Certificate
- Ultrasound or Medical Proof of Pregnancy (if required)
- If availing the extra 7 days, submit:
- SSS Allocation of Maternity Leave Credits Form
- Maternity Notification Form
- Post-delivery, submit a copy of the birth certificate or, in case of miscarriage, a medical certificate.
NOTE: Documents like the marriage or birth certificate can be ordered online from the Philippine Statistics Authority (PSA) and delivered to your home within 3–7 days.
When Can You File for Paternity Leave?
Paternity leave can be used:
- Before delivery
- During childbirth
- After delivery
However, the total time off should not exceed 7 calendar days per delivery and must be used within 60 days of the child’s birth or miscarriage.
Why Take Paternity Leave?
Taking paternity leave in the Philippines is not just about rest—it’s about building a strong family foundation. Here’s why every father should consider it:
Bond With Your Newborn
The early days after birth are critical for father-infant bonding. Studies show fathers who take paternity leave are more engaged and emotionally connected to their children long-term.
Support Your Partner
Motherhood is overwhelming. Help your partner by sharing household tasks, baby care, and offering emotional support. It reduces stress and promotes equality at home.
Reduce Risk of Postpartum Depression
Paternity leave helps fathers avoid feeling left out and overwhelmed, minimizing the risk of postpartum depression. A supportive home helps everyone heal and adjust.
How Employers Can Support Paternity Benefits
Businesses benefit too. Employees who feel supported tend to be:
- More productive
- Less likely to quit
- More engaged in their work
If your employer offers more than the mandatory 7 days, you are allowed to take those instead. Some companies in the Philippines now offer up to 14 or even 30 days of paid leave for fathers.
Paternity Benefits in the Philippines
| Aspect | Details |
|---|---|
| Legal Basis | RA 8187 (Paternity Leave Act), RA 11210 (Expanded Maternity Leave) |
| Leave Days | 7 days under RA 8187 + optional 7 days via RA 11210 |
| Total Paid Leave | Up to 14 calendar days |
| Employer Obligation | Pay full salary and allowances |
| Filing Agency | Filed directly with employer |
| Marital Status | Must be legally married (RA 8187) |
| Extended Leave (Pending Bill) | House Bill No. 4430 proposes 30 days regardless of marital status |
FAQs About Paternity Benefits and Leave
Can I take paternity leave even if I’m a new hire?
Ans: Yes. As long as you’re employed during your wife’s pregnancy or childbirth, you’re eligible.
Can I convert my unused paternity leave to cash?
Ans: No. Paternity leave is non-cumulative and non-convertible.
Can unmarried fathers apply for paternity leave?
Ans: Not under RA 8187, but under RA 11210, leave credits can be transferred to unmarried partners.
Conclusion
While not as extensive as maternity benefits, paternity benefits in the Philippines are still a crucial part of building stronger families. Fathers deserve the right to be present physically, mentally, and emotionally during one of the most transformative moments of their lives.
