R.A.

8187

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL
MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST
FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING
AND FOR OTHER PURPOSES.

This act shall be known as the Paternity Leave Act of 1996

Paternity leave refers to the benefits granted to a married male employee in the private and public
sectors allowing him to take a leave for seven days, with full pay, for the first four deliveries of his
legitimate spouse with whom he is cohabiting.

Conditions for Entitlement to Paternity Leave

The employee is lawfully married
He is cohabiting with his wife
His wife is pregnant or has delivered a child or has suffered a miscarriage
Must be of the first four deliveries
The employer is notified within a reasonable time of the pregnancy and of the date of expected
delivery

When benefit may be availed of:

Paternity leave benefits shall be granted to the qualified employee after the delivery by his wife.
Exception: When the employer allows the employee to avail of the benefit before or during the
delivery.

Non-commutation: Paternity leave is not commutable to cash if not availed of

Non-diminution: This act shall not be construed to reduce or replace any existing benefits granted
under existing laws, decrees, executive orders, or any contract, agreement, or policy between the
employer and employee
Crediting of existing benefits:
When the male employee is already enjoying the paternity leave benefits by reason of contract,
company policy or CBA, the following rules shall apply:
If the existing paternity leave benefit is greater than the benefit provided by this act, the greater
benefit shall prevail
If the existing paternity leave benefit is less than that provided by this act, the existing benefit
shall be adjusted to the extent of the difference

Penalty
Any person, corporation, trust, firm, partnership, association, or entity found violating this act shall be
penalized with a fine of not less than P25,000 or imprisonment of not less than 30 days but not more
than 6 months.

If the violation is committed by a corporation, trust, firm, partnership, association, or entity, the
penalty of imprisonment shall be imposed on the entity's responsible officers, including but not limited
to the president, vice president, chief executive officer, general manager, managing director, or partner
directly responsible therefor.