Short answer. Both. Under Section 2 of Republic Act No. 8187, every married male employee in the private and public sectors is entitled to paternity leave. It is not limited to government workers — private-sector fathers are covered too, for the first four deliveries of the legitimate spouse he lives with.
What the law says
every married male employee in the private and public sectors
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
What the law says
Notwithstanding any law, rules and regulations to the contrary
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
What the law says
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
delivery shall include childbirth or any miscarriage
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
What the law says
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.
RA 8187, Section 2 — Seven Days Paternity Leave. Read the full provision →
Both sectors are covered
Section 2 answers the question at the outset. It grants the leave to every married male employee in the private and public sectors. The law goes further, opening with the words Notwithstanding any law, rules and regulations to the contrary, which means it applies across the board and overrides contrary rules. So paternity leave is not a benefit only for government employees — a married male worker in a private company is equally entitled. The entitlement is 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 conditions attached to the benefit
The law sets conditions. The employee must be married, and the leave is tied to the delivery of his legitimate spouse with whom he is cohabiting — living together with his wife. It is capped at the first four deliveries; there is no fifth-delivery entitlement under this Act. And delivery shall include childbirth or any miscarriage, so the leave is not limited to a live birth. These conditions apply the same way in both sectors — the private-sector father and the government worker meet the same requirements to qualify for the seven days.
The notice requirement
The benefit comes with a duty on the father's part. 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. In practical terms, you should tell your employer of the pregnancy and the expected delivery date, rather than spring the leave on the company. This notice lets the employer plan around your absence. The requirement is the same for a private firm and a public office; what changes is only the internal procedure each employer uses to process the application.
What the seven-day benefit does not cover
This Act grants a specific, limited benefit: seven days for married male employees, for the first four qualifying deliveries. It does not create a leave for unmarried fathers under this particular law, and it does not extend beyond four deliveries. It is also separate from the mother's maternity leave and from other family leaves that may exist under different laws, some of which allow a portion of the mother's leave to be shared. For the core question, though, the answer is settled: Section 2 covers fathers in both the private and public sectors alike.