Paternity Leave Philippines: 7 Days Under RA 8187
RA 8187 grants 7 days paid paternity leave to married male employees for the first four deliveries of the legitimate spouse. Non-cumulative, non-convertible.
Under Republic Act No. 8187 (Paternity Leave Act of 1996), every married male employee in the private and public sector is entitled to 7 days of paid paternity leave for each delivery by his legitimate spouse, up to the first four deliveries. The leave is non-cumulative and non-convertible to cash. The employee must be cohabiting with his spouse at the time of delivery.
Eligibility Requirements
To qualify for paternity leave under RA 8187, the male employee must meet all four conditions:
- Legally married to the mother at the time of delivery
- Cohabiting with his spouse — living together under one roof
- Employed at the time of delivery (private or public sector)
- The delivery must be among the first four deliveries of the legitimate spouse
Key Limitations
| Condition | Rule |
|---|---|
| Marital status | Must be legally married; common-law partners are not covered |
| Delivery count | First four (4) deliveries only; 5th delivery onward not covered |
| Cohabitation | Must be cohabiting with spouse at time of delivery |
| Accumulation | Non-cumulative — unused days do not carry over |
| Cash conversion | Non-convertible — cannot be exchanged for cash |
Leave Details
Duration and Pay
The paternity leave is 7 calendar days with full pay. Full pay means the employee receives his regular daily wage for each leave day, including any regular allowances that form part of his fixed monthly compensation.
When to Use the Leave
The 7 days should be used around the time of the spouse's delivery. While RA 8187 does not specify an exact window, the leave is intended to allow the father to:
- Attend to his wife during and after childbirth
- Assist in caring for the newborn
- Handle administrative matters (birth registration, hospital discharge)
Notification
The employee must notify the employer of the pregnancy and the expected date of delivery. While the law does not specify a minimum advance notice period, reasonable notice allows the employer to plan for the absence. Many companies require written notice or a leave application filed before the delivery date (or as soon as practicable for premature births or emergencies).
Interaction With RA 11210 Transferred Leave
Under the Expanded Maternity Leave Law (RA 11210), the mother may transfer up to 7 days of her 105-day maternity leave to the child's father or an alternate caregiver. This transfer is separate from and in addition to the paternity leave under RA 8187.
| Leave Type | Days | Source Law | Requirement |
|---|---|---|---|
| Paternity leave | 7 days | RA 8187 | Married, cohabiting, first 4 deliveries |
| Transferred maternity leave | Up to 7 days | RA 11210 | Written election by mother |
| Maximum combined | 14 days |
A married father whose wife delivers their first through fourth child could receive up to 14 days of paid leave around the delivery. For the 5th delivery onward, only the 7-day transfer from RA 11210 would be available (since RA 8187 coverage ends at the 4th delivery).
Employer Obligations
- Grant the leave — The employer cannot refuse a valid paternity leave request
- Pay full wages — The employee receives his regular pay during the 7-day leave; this is employer-shouldered (not SSS-reimbursed)
- Track delivery count — Maintain records of each delivery for which paternity leave was granted to enforce the 4-delivery limit
- Accept transferred maternity days — If the wife elects to transfer days under RA 11210, the husband's employer must honor the transfer
Related Guides
- Maternity Leave: 105 Days Under RA 11210 — Complete maternity leave guide with SSS benefit computation
- Solo Parent Leave: 7 Days Under RA 8972 — Leave for solo parents
- Employee Leave Entitlements in the Philippines — All statutory leave types in one guide
- Philippine Payroll Compliance Guide — Payroll obligations including leave benefits
Legal References
- Republic Act No. 8187 — Paternity Leave Act of 1996
- IRR of RA 8187 — DOLE Rules and Regulations Implementing the Paternity Leave Act
- Republic Act No. 11210 — Expanded Maternity Leave Law (2019), Section 3 (transfer of leave credits)
This guide is for informational purposes only and does not constitute legal, tax, or financial advice. While we strive for accuracy by citing official Philippine laws and government circulars, regulations change. Consult a qualified professional or the relevant government agency for advice specific to your situation.
Frequently Asked Questions
- Can unmarried fathers claim paternity leave?
- No. RA 8187 explicitly requires the male employee to be legally married to the mother. Unmarried fathers are not covered by the Paternity Leave Act. However, the mother may transfer up to 7 days of her maternity leave under RA 11210 to the child's father regardless of marital status.
- Is paternity leave available for miscarriage?
- Yes. The IRR of RA 8187 covers every instance of delivery by the legitimate spouse, which includes miscarriage and emergency termination of pregnancy. The leave must be used within a reasonable period after the event.
- What if the employee does not use the 7 days within the period?
- Paternity leave is non-cumulative — unused days do not carry over to the next year or the next delivery. The leave is also non-convertible to cash. If not used, the benefit is forfeited.
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