Parental Leave for Solo Parent

Question 1

What article govern the Parental Leave for Solo Parent?

Answer 1

RA 8972

Question 2

Parental leave for solo parents is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to:

Answer 2

1. Giving birth as a result of rape or, as used by the law, other crimes against chastity;
2. Death of spouse;
3. Spouse is detained or is serving sentence for a criminal conviction for at least
   one (1) year;
4. Physical and/or mental incapacity of spouse as certified by a public medical
   practitioner;
5. Legal separation or de facto separation from spouse for at least one (1) year:
   Provided that he/she is entrusted with the custody of the children;
6. Declaration of nullity or annulment of marriage as decreed by a court or by a
   church: Provided, that he/she is entrusted with the custody of the children;
7. Abandonment of spouse for at least one (1) year;
8. Unmarried father/mother who has preferred to keep and rear his/her
   child/children, instead of having others care for them or give them up to a
   welfare institution;
9. Any other person who solely provides parental care and support to a child or
   children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and
10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.

Question 3

What is the type of leave shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

Answer 3

Parental Leave

Question 4

What does child means in order for a parent to be granted by a parental leave?

Answer 4

“Child” refers to a person living with and dependent on the solo parent for support. He/she is unmarried, unemployed, and below eighteen (18) years of age, or even eighteen (18) years old and above but is incapable of self-support because he/she is mentally- and/or physically-challenged.

Question 5

How many days are to be granted for parental leave?

Answer 5

7 work days with pay consisting of basic salary and mandatory allowances.

Question 6

A solo parent employee shall be entitled to the parental leave, provided that:

Answer 6

1. He/she has rendered at least one (1) year of service, whether continuous or broken;
2. He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
3. He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.

Question 7

Is it true that in the event that the parental leave is not availed of, it shall not be convertible to cash, unless specifically agreed on previously.

Answer 7

True.

Question 8

If there is certain policy or CBA in a company stating higher parental leave benefits. Is it acceptable or not?

Answer 8

Acceptable. The greater the benefit shall prevail.

Question 9

Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under RA 8972. True or False

Answer 9

True.

Question 10

Is it true that a change in the status or circumstance of the parent claiming the benefit under the law, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for this benefit.

Answer 10

True he/she no longer candidate to avail parental leave.

Question 11

No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her being a solo parent. True or False

Answer 11

True.