Paternity Leave Flashcards
What article govern the Paternity Leave
RA 8187
It is granted to all married male employees in the private sector, regardless of their employment status (e.g., probationary, regular, contractual, project basis). The purpose of this benefit is to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child.
Paternity Leave
Is it true that PL is only given to the father to the first four (4) deliveries of employee’s wife whom he cohabiting?
YES TRUE. “Cohabiting” means the obligation of the husband and wife to live together.
Is it true that male cannot avail the paternity leave because they are not physically living together with his wife due to workstation or occupation?
False. Male can still avail a paternity leave even if they are not living together for the reason of workstation or occupation.
How many days can be avail in paternity leave?
7 days with pay consisting of basic salary and mandatory allowances.
Can paternity leave be applied before the delivery of his wife?
Technically speaking No. However, Paternity leave can be applied before or during the delivery if its’s in the discretion of employer’s policy given the fact, that it shouldn’t exceed for more than 7 calendar days for each delivery.
What are the conditions of this Entitlement?
A married male employee shall be entitled to paternity leave benefit provided that he has met the following conditions:
1. He is an employee at the time of the delivery of his child;
2. He is cohabiting with his spouse at the time that she gives birth or suffers a
miscarriage;
3. He has applied for paternity leave with his employer within a reasonable period
of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and
4. His wife has given birth or suffered a miscarriage.
The married male employee shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement. True or False?
True
In case of a miscarriage, prior application for paternity leave shall be required. True or False?
False. application for paternity leave shall not be required for cases like miscarriage and emergency pregnancy.
Is it true that paternity leave can be convertible to cash?
False. In the event that the paternity leave is not availed of, it shall not be convertible to cash and shall not be cumulative.
If the existing paternity leave benefit under the collective bargaining agreement, contract, or company policy is greater than seven (7) calendar days as provided for in RA 8187, the greater benefit shall prevail. True or False?
True. The greater the benefit the better.
On the other hand, if the existing paternity leave benefit is less than that provided in RA 8187, the employer shall not adjust the existing benefit to cover the difference. True or False
False. The employer should adjust the existing paternity leave 7 days or higher than 7 days with pay.
In case there is no specific stipulation in the policy, contract or CBA, the employer should grant a paternity leave as long as the qualifications meet. True or False.
True.
