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PARENTAL LEAVE
What is parental leave?
Parental leave is a leave guaranteed to a solo parent employee who has rendered at least
one year of service.
How many days is parental leave?
Parental leave should not be more than seven (7) working days per year.
Is the seven-day parental leave cumulative?
This is non-cumulative.
What are the requirements for availment of this leave?
The solo parent has:
1 - Rendered at least one year of service whether continuous or broken;
2 - Notified the employer within a reasonable time period; and
3 - Presented a Solo Parent Identification Card to his/her employer (while
the ID is in process, any proof may be presented)
EMPLOYMENT-RELATED
BENEFITS
PARENTAL LEAVE
Where can a solo parent get the Solo Parent Identification Card?
The Solo Parent Identification Card may be obtained from the Municipal/Social Welfare
and Development Office.
Is the parental leave convertible to cash?
No, unless specifically agreed upon previously.
Is the employer required to provide parental leave in addition to already existing similar
benefits under a company policy or CBA?
No, the same shall be credited as cash.
If the similar benefits is greater than what the law provides, which will prevail?
The greater benefit shall prevail.
Is the emergency or contingency leave under a company policy or CBA considered
compliance with the law?
No, the same shall not be credited as compliance with the parental leave provided for under
the Act and these Rules.
EMPLOYMENT-RELATED
BENEFITS
PARENTAL LEAVE
When can a Solo Parent avail of parental leave?
A solo parent may avail of parental leave with pay in any of the following
circumstances:
(1) when a child gets ill; (2) he/she needs to attend Parent-Teacher
Association (PTA) meetings in school; (3) for enrollment purposes;
(4) other circumstances necessary in the performance of parental duties
and responsibilities where the physical presence is required.
Are househelpers covered by RA 8972 and therefore may avail of the 7 days
parental leave?
Yes, as long as he/she falls under the definition of a solo parent under Section 3
of RA 8972; and that he/she has rendered service of at least one year.
EMPLOYMENT-RELATED
BENEFITS
WORK DISCRIMINATION
Can an employer discriminate against an employee on account of being a solo
parent?
No employer shall discriminate a solo parent employee with respect to terms and
conditions of employment on account of his/her being a solo parent.