Paternity Leave

Question 1

Definition

refers to paid leave granted to a married male employee to lend support to his lawful wife during her period of recovery and/or in nursing of their newborn child, including miscarriage

Question 2

Coverage

applies to all married male employees regardless of employment status

Question 3

Duration

-seven days leave with full pay

-granted after delivery by wife
•can be granted before or during delivery, granted that he will not exceed 7 days for
each delivery

-this is not convertible to cash if not availed

-if male employee is already enjoying the paternity leave benefits by reason of contract, policy, or CBA:
•the greater paternity benefit shall prevail
•if existing paternity leave is less than provided, it shall be adjusted to the extent of the difference

-without contract, policy, or CBA, the paternity leave benefits in the Labor Code shall apply in full

Question 4

Conditions for Entitlement

all married male employees who meet the ff:

-he is an employee at the time of devlivery of the child

-cohabiting with his spouse
•obligation of the husband and wife to live together
•if not living together because of workstation or occupation, the male employee is still entitled to the paternity leave benefit

-applied for paternity leave with employer within a reasonable period of time from
the expected date of delivery

-his wife has given birth or suffered a miscarriage

Question 5

Frequency of Availment

-apply to the first four deliveries of the employee’s lawful wife