Short answer. No. RA 8187 expressly prohibits any reduction of existing benefits. If your company already provides more paternity leave than the law requires, that higher benefit cannot be taken away — the Paternity Leave Act sets a floor, not a ceiling, and the nondiminution clause locks in whatever you already have.
What the law says
Nothing in this Act shall be construed to reduce any existing benefits of any form granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.
RA 8187, Section 6 — Existing Benefits Not Reduced. Read the full provision →
The nondiminution clause in the Paternity Leave Act
Section 6 of RA 8187 contains an explicit nondiminution clause: nothing in the Act can be used to justify reducing any benefit that already exists — whether it comes from a law, a decree, an executive order, or a company policy or collective bargaining agreement. The Paternity Leave Act was enacted to establish a minimum standard, not to give employers a ceiling that limits what employees can receive. Companies that voluntarily offered more generous leave before or after RA 8187 cannot point to the statute as a reason to cut back.
How company policy becomes a protected benefit
Employer-granted benefits that are given consistently and deliberately over a period of time can become part of the terms of employment — protected from unilateral reduction by the employer. This is known as the nondiminution of benefits principle under labor law, which runs parallel to the specific clause in RA 8187. If your company has been granting extended paternity leave through a written policy, an employee handbook, or consistent practice, that benefit is not freely revocable. Employees who have come to rely on it as part of their employment terms have a basis to resist a unilateral cutback.
What an employer can and cannot do
An employer can always increase paternity leave beyond what the law requires — RA 8187 was designed to allow that. What an employer cannot do is use the Act as authority to reduce a benefit that was already higher than the statutory minimum. If a company is considering reducing paternity leave, the legal exposure depends on how the benefit was granted: a contractual commitment (in a CBA or individual employment contract) is the hardest to reduce because it requires renegotiation; a unilateral company policy is slightly easier to amend through proper procedures, but even then, the nondiminution principle applies and the change must be done carefully to avoid a labor complaint.
What to do if your employer tries to reduce the benefit
If your company announces a reduction in paternity leave, you have grounds to object based on Section 6 of RA 8187 and the general nondiminution of benefits principle. Document the existing policy — the employee handbook, a memorandum, a CBA provision, or consistent past practice shown through records of leave granted. A complaint may be filed with the Department of Labor and Employment if the employer proceeds despite objection. Raising the issue collectively with other employees, especially if a union is present, can also be more effective than an individual complaint.