This article examines the rights of a husband to paternity leave following his wife's miscarriage in the Philippines under the 'Paternity Leave Act' (RA 8187) and its Implementing Rules and Regulations (IRR). It clarifies that prior application for leave is not required in cases of miscarriage, ensuring the husband's entitlement to the benefit.
Last week, I received tragic news from my wife that she suffered a miscarriage. After learning about it, I left the office and went to the hospital. I was absent from work for three days to take care of her. Upon my return, I was told by our Human Resources (HR) Officer that my absence would be deducted from my salary and would not be considered paternity leave because I did not apply for leave. Is our HR correct? My wife and I value family deeply.
As a nation, the Philippines strongly emphasizes the importance of family unity and strong familial bonds. This cultural value is reflected in our government's policies, which strive to support parents in fulfilling their responsibilities towards their families. Republic Act (RA) 8187, known as the 'Paternity Leave Act,' grants seven consecutive days of paid leave to all married male employees for the first four deliveries of their legitimate spouse with whom they are cohabitating. Under this law, expectant fathers are entitled to apply for paternity leave, provided they notify their employer. Section 3 of the Implementing Rules and Regulations (IRR) of this act outlines the conditions for availing of paternity leave benefits. These conditions state that a married male employee must be employed at the time of his child's birth or miscarriage, be cohabiting with his spouse at the time of birth or miscarriage, have applied for paternity leave in accordance with Section 4, and his wife must have given birth or suffered a miscarriage.Clearly, a prior application for leave is generally required for a husband to utilize his paternity leave. However, Section 4 of the same IRR offers an exemption in cases of miscarriage. Specifically, it states that prior application for leave shall not be required in case of miscarriage. Therefore, in your situation, the requirement of prior application to HR does not apply because your wife experienced a miscarriage. As a result, you should not be disqualified from receiving this benefit solely due to the lack of a prior application. We hope this clarification addresses your concerns. This advice is based solely on the information provided and our understanding of it. Our opinion may differ if additional facts are presented or clarified.Thank you for your trust and continued support. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to [email protected]
Paternity Leave HR Miscarriage Philippines RA 8187 IRR
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