Short answer. Seven days with full pay. Section 2 of RA 8187 entitles every married male employee, in the private and public sectors, to seven days of paid paternity leave for each of the first four deliveries of the legitimate spouse he is cohabiting with. He must notify his employer of the pregnancy and expected delivery date.
What the law says
every married male employee in the private and public sectors shall be entitled 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
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
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 →
Seven days, fully paid, for married employees
Section 2 of RA 8187 states the entitlement directly: every married male employee in the private and public sectors shall be entitled 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 benefit applies regardless of whether the father works in a private company or in government, and it is paid leave, not unpaid time off. The law does not leave the number of days to the employer's discretion; it fixes the entitlement at seven.
Two conditions limit who qualifies: the employee must be married, and he must be cohabiting with the spouse who is giving birth. The law is written around the legitimate spouse specifically, and it caps the paid entitlement at the first four deliveries of that marriage, rather than granting it without limit for every child a father has over the course of his working life.
Notice to the employer is required
The same section conditions the leave on the employee informing his employer in advance: the male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. This lets the employer plan around the leave rather than being caught by surprise, and it ties the benefit to a real, upcoming or recent delivery rather than to a claim made after the fact without any prior notice having been given.
Miscarriage is included, not just live birth
The law defines delivery broadly for this purpose: For purposes of this Act, delivery shall include childbirth or any miscarriage. A father whose spouse experiences a miscarriage is still entitled to paternity leave under this provision; the entitlement is not limited to situations where the child is born alive. This reflects that the leave is meant to let the father be present and supportive during and after a delivery event, whatever its outcome, not solely to celebrate a successful birth.
What this means for a father planning to take leave
If you are a married male employee expecting a delivery, whether in the private or public sector, you are entitled to seven paid days of paternity leave for that delivery, as long as it falls within the first four deliveries of your legitimate spouse and you notify your employer of the pregnancy and expected date beforehand. Keep that notice on record, since the law conditions the benefit on having given it.