Parental Leave for Solo Parents Flashcards
Definition
-paid leave granted to a qualified solo parent
Categories of solo parents:
-parent who provides sole parental care of the child due to:
•birth as consequence of rape without without final conviction
•death of spouse
•detention of spouse for at least 3 months or serving a sentence for a criminal
conviction
•physical or mental incapacity of spouse as certified by a medical practitioner
•legal separation of de facto separation for at least 6 months
-the solo parent is entrusted with sole parental care
•annulment of marriage or due to divorce
•abandonment by the spouse for at least 6 months
-spouse or any family member of an OFW
•OFW belongs to the low/semi-skilled worker category and away from the
Philippines for an uninterrupted period of 12 months
-unmarried parent who keeps and rears the child
-any legal guardian, adoptive or foster parent
-any relative within the 4th civil degree of consanguinity who assumes care as a
result of the death, abandonment, disappearance, or absence of the parents for at least 6 months
•in cases of solo grandparents who have sole parental care over their grandchildren
-grandchildren who are unmarried and 22 years old or below
-those 22 years old or over but who are unable to fully take care or protect
themselves from abuse, neglect, cruelty, exploutation, or discrimination due to a physical or mental disability
-pregnant woman who provides sole parental care to unborn children
Child or dependents
•living with and dependent upon the solo parent
•unmarried and 22 years old or below
•22 years old and over who cannot fully take care of themselves due to disability
Parental care and support
•acts of providing for basic needs, health care, mental and physical safety, emotional
support and formation of the personality of the child
COVERAGE
Duration
-forefeitable and noncumulative parental leave of not more than 7 working days with pay every year
-granted to solo parents who have rendered service at least 6 months
-solo parent shall not lose their status if the other parent provides occassional assistance and/or seasonal gifts
-is not considered a solo parent when parental care and support are equally shared between a separated mother and father
-if parental leave is not availed, it is not convertible to cash unless previously agreed upon by employer and employee
-greater benefit shall prevail if there is an existing or similar benefit under a policy or
CBA
-emergency or contingency leave provided under a company policy or CBA shall not be
credited as compliance with the parental leave provided for under the Labor Code
Conditions for Entitlement
solo parent must:
-have rendered at least 6 months of service, whether continuous or broken
-have notifed their employer of the availment within a reasonable time
-have presented a valid Solo Parent Identification Card (SPIC)
Frequency of Availment
-leave of 7 days with full pay shall be granted every year
-when a solo parent ceases to be such by reason of change of status and circumstances, they will become ineligible for the benefits.
If a solo parent’s status changes (e.g., they get married, reconcile with the other parent, or their circumstances no longer qualify them as a solo parent), they will no longer be entitled to the benefits provided for solo parents.