Short answer. Yes. Republic Act No. 8187 grants a married male employee seven days of paternity leave with full pay, and it defines "delivery" to include any miscarriage. So a miscarriage suffered by your legitimate spouse counts as one of the covered events, provided the other conditions of the law are met.

What the law says

For purposes of this Act, delivery shall include childbirth or any miscarriage.

RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →

What the law grants

Republic Act No. 8187, the Paternity Leave Act, entitles every married male employee in the private and public sectors to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The purpose is to let a husband be present to support his wife and care for the family around the time of childbirth. The leave is with full pay and is capped at the first four deliveries. The employee must also be married to, and living with, the spouse whose delivery gives rise to the leave.

Miscarriage is expressly included

The question of miscarriage is answered directly by the statute itself. It states: For purposes of this Act, delivery shall include childbirth or any miscarriage. This means the seven-day benefit is not confined to a live birth. A miscarriage is treated as a covered "delivery," so a married male employee whose cohabiting legitimate spouse suffers a miscarriage is entitled to the leave on the same footing as if the pregnancy had ended in childbirth. The loss of a pregnancy is precisely one of the events the law had in mind.

The conditions still apply

Because a miscarriage counts as a delivery, it also counts toward the limit. The benefit is for the first four deliveries of the legitimate spouse, and a miscarriage is one of them. The core requirements do not disappear either: the employee must be married, cohabiting with the spouse, and the pregnancy lost must be that of his legitimate spouse. The law also contemplates that the employer be notified. Read together, these terms mean the right is real but bounded — it attaches to a marriage, to cohabitation, and to the first four covered events.

What the benefit is for

Paternity leave exists so the husband can lend support to his wife and attend to family needs when a pregnancy ends, whether in birth or in loss. That is why the definition of delivery is written broadly enough to take in a miscarriage: the need for the husband's presence and care does not vanish because the pregnancy did not reach term. If your spouse has suffered a miscarriage and the statutory conditions are met, the seven-day paid leave is available to you as a matter of right under the Act.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.