A married male employee in the private or public sector applies for paternity leave by notifying his employer of his wife's pregnancy and expected delivery date, then submitting a copy of the child's birth certificate afterward. The benefit is seven days of full pay for each of the first four deliveries (or miscarriage), and it must be claimed within sixty days after the delivery event.
What Republic Act No. 8187 Gives You
The Paternity Leave Act entitles every married male employee in the private and public sectors to seven days of leave with full pay, for each of the first four deliveries of his lawful wife. The benefit also covers miscarriage. Because it is capped at the first four deliveries, a fifth or later child by the same spouse does not carry the benefit. The seven days include the employee's basic salary and whatever allowances and other monetary benefits are ordinarily integrated into his pay, so the leave is meant to be a genuine full-pay benefit, not a stripped-down version of it.
Who Qualifies
To be entitled to paternity leave, an employee must meet three basic conditions:
- He must be an employee at the time of the delivery, miscarriage, or abortion
- He must be legally married to the child's mother
- He must be cohabiting with his spouse at the time of the childbirth or miscarriage
Because the entitlement is tied to a valid marriage, an unmarried father, even one in a long-term relationship with the mother, is not covered by this particular law, though some employers voluntarily extend a similar benefit as a matter of company policy. A marriage certificate from the Philippine Statistics Authority, or another acceptable proof of marriage, is generally required to establish eligibility.
Coverage for Government Employees
RA 8187 is not limited to the private sector. Married male employees of national government agencies, local government units, and government-owned or controlled corporations are entitled to the same seven-day paternity leave benefit, subject to the same basic conditions of marriage and cohabitation. In practice, government employees typically process their application through their agency's human resource or personnel office rather than a private HR department, and agencies may issue their own internal circulars implementing the benefit, but the underlying entitlement traces back to the same law and covers the same first four deliveries or miscarriages.
Step-by-Step: How to Apply
Step 1: Notify Your Employer in Advance
The employee must inform his employer of his spouse's pregnancy and the expected date of delivery within a reasonable period of time before the birth. In practice, this is done by accomplishing a Paternity Notification Form (or your company's equivalent) and submitting your marriage contract or other proof of marriage. Early notice is not just good practice — it gives your employer time to plan around your absence and avoids disputes later about whether proper notice was given. This advance-notice requirement does not apply in cases of miscarriage or abortion, since those events cannot realistically be anticipated in the same way.
Step 2: Take the Leave Around the Delivery
The seven days of paternity leave may be enjoyed either before, during, or after the delivery by the employee's wife, giving some flexibility in how the leave is scheduled — for instance, some days can be used to accompany the wife to prenatal check-ups close to the due date, with the balance used immediately after the birth.
Step 3: Claim the Benefit Within Sixty Days
The benefit must be availed of, or claimed, within sixty days from the date of delivery. This is a real deadline: waiting too long after the child is born can jeopardize the claim, so employees should not delay in following through with their employer's paperwork once the child arrives.
Step 4: Submit the Birth Certificate (or Medical Certificate)
After the delivery, the employee must submit a copy of the child's birth certificate, typically sourced from the Philippine Statistics Authority or the local civil registrar, to complete the application. If the event is a miscarriage or abortion rather than a live birth, the employee instead submits a death or medical certificate signed by the attending physician or midwife confirming the event.
How the Benefit Is Computed
Because paternity leave under this law is a full-pay benefit shouldered directly by the employer, the seven days are paid at the employee's regular basic salary, including whatever allowances and other monetary benefits are already treated as part of his regular pay. This is a different funding mechanism from the maternity benefit available to female employees, which is coursed largely through the Social Security System; paternity leave pay under RA 8187 is not something the employee separately claims from SSS, PhilHealth, or Pag-IBIG — it is a direct employer obligation.
If Your Employer Refuses or Delays
An employer who unreasonably refuses to grant an eligible employee's paternity leave, or who fails to pay the corresponding benefit, is exposed to a fine of up to ₱25,000 or imprisonment of not less than thirty days nor more than six months. Where the employer is a corporation, its responsible officers can be held personally liable for the violation. Employees who encounter resistance from HR or management despite meeting all the qualifications and documentary requirements can raise the matter with the Department of Labor and Employment.
Common Situations Worth Knowing
Can the Leave Be Converted to Cash if Unused?
Paternity leave is meant to be used around the birth itself, not accumulated or converted to cash the way vacation leave sometimes is. Employees should plan to actually take the seven days within the intended window rather than treat it as a leave credit to be cashed out later.
What If the Employer Has a More Generous Policy?
RA 8187 sets a floor, not a ceiling. Some employers, particularly larger companies and multinationals, voluntarily grant more than seven days, or extend a version of the benefit to unmarried or same-sex partners as a matter of company policy. Where a company policy, employment contract, or collective bargaining agreement grants a benefit greater than what the law requires, the more favorable term generally prevails, since labor standards operate as a minimum, not a maximum.
Multiple Employers
An employee should be careful to comply with the notice and documentary requirements at whichever company he is employed with at the time of the qualifying delivery, since the obligation to notify and the sixty-day claim window run against that specific employer relationship.
How This Differs from Solo Parent Leave
Paternity leave under RA 8187 should not be confused with the separate parental leave available to qualified solo parents under other legislation. A married male employee who is cohabiting with his wife at the time of delivery claims paternity leave under RA 8187; an employee who separately qualifies as a solo parent — for reasons such as widowhood, legal separation, or other circumstances recognized under that law — claims a different benefit, with its own number of leave days and documentary requirements. The two benefits serve different situations and are not interchangeable, so an employee should confirm with HR which one actually applies to his circumstances rather than assuming either one automatically covers the other.
What Employers Should Keep on File
Because the benefit is a direct employer obligation rather than something reimbursed by a government agency, employers are expected to keep basic supporting records for each claim — the employee's notification, proof of marriage, and the eventual birth or medical certificate — as part of ordinary payroll and personnel documentation. These records matter if the Department of Labor and Employment later conducts a labor standards inspection, since an employer will typically be asked to show that leave benefits like this one were actually granted and paid, not merely provided for on paper. Employees, for their part, benefit from keeping their own copies of whatever they submit, in case a dispute later arises over whether notice was given or documents were received.
Practical Tips for a Smooth Application
- Notify HR as early as the pregnancy is confirmed and a due date is known, rather than waiting until the last weeks
- Keep a copy of your marriage certificate on file with HR before it is needed, since delays in retrieving PSA copies are common
- Request the child's birth certificate soon after delivery so you are not racing the sixty-day claim deadline
- Get any leave approval and the basis for its computation in writing, in case a dispute arises later
Frequently Asked Questions
Do I need to be married to claim paternity leave? Yes. RA 8187 requires the employee to be legally married to the child's mother and cohabiting with her at the time of delivery; it does not cover unmarried fathers, though some employers voluntarily extend a similar benefit.
How many times can I use paternity leave? The seven-day paid benefit applies to each of the first four deliveries or miscarriages of the same lawful spouse; it does not apply to a fifth or later delivery.
What happens if I miss the sixty-day claim window? The law requires the benefit to be availed of within sixty days from the delivery, so waiting beyond that period can put the claim at risk; it is best to complete the notification and documentary requirements as soon as possible after the birth.
Does SSS pay for paternity leave the way it pays maternity benefits? No. Paternity leave pay under RA 8187 is shouldered directly by the employer as part of the employee's regular compensation, unlike the maternity benefit, which is coursed through the Social Security System.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.