Who is eligible for paternity leave?

Married male employees in the private or public sector who are living with their legitimate spouse are eligible.

How many days of leave can I take and will I be paid?

You may take seven days of leave and you will receive your full salary for those days.

For how many births can I use paternity leave?

You can use the seven‑day leave for each of the first four deliveries of your legitimate spouse.

Does a miscarriage count as a delivery for paternity leave?

Yes, a miscarriage is considered a delivery under this law.

What must I do to get the leave?

You must notify your employer of your spouse’s pregnancy and the expected delivery date before the leave starts.

What happens if my employer refuses to grant the leave?

The employer can be fined up to ₱25,000 or imprisoned for 30 days to six months, and responsible corporate officers may also be penalized.

Will this law take away any other benefits I already have?

No. The act does not diminish any existing benefits you may have under other laws or agreements.

When did the Paternity Leave Act become effective?

It became effective 15 days after its publication in the Official Gazette or in at least two national newspapers.

RA 8187 - Paternity Leave Act (1996)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

The Paternity Leave Act of 1996 gives married male workers in both the private and public sectors seven days of fully paid leave for the first four births (or miscarriages) of their legitimate, cohabiting spouse. Employers must follow the rule and face fines or imprisonment if they violate the law.

Who it affects: All married male employees in the private and public sectors who are cohabiting with their legitimate spouse.

Key provisions

Short title. The law is called the "Paternity Leave Act of 1996." [Sec. 1]
Eligibility and entitlement. Every married male employee, whether in the private or public sector, is entitled to seven days of fully paid paternity leave for the first four deliveries of his legitimate spouse with whom he lives. [Sec. 2]
Definition of paternity leave. Paternity leave means the employee may stay away from work for seven days while still receiving his salary, to help his wife after she gives birth or suffers a miscarriage. [Sec. 3]
Notification requirement. The employee must inform his employer about his spouse’s pregnancy and the expected delivery date before taking the leave. [Sec. 2]
Implementing rules. Within 30 days of the law’s effectivity, the Secretary of Labor and Employment, the Civil Service Commission Chairman, and the Secretary of Health must issue rules to implement the act. [Sec. 4]
Penalties for violation. Any person or entity that violates the act can be fined up to ₱25,000 or imprisoned for 30 days to six months; corporate officers may also be held personally liable. [Sec. 5]
Nondiminution clause. The act does not reduce any existing benefits the employee may already have under other laws or agreements. [Sec. 6]
Effectivity. The law takes effect 15 days after its publication in the Official Gazette or in at least two newspapers of national circulation. [Sec. 8]

Common questions

Who is eligible for paternity leave?: Married male employees in the private or public sector who are living with their legitimate spouse are eligible. [Sec. 2]
How many days of leave can I take and will I be paid?: You may take seven days of leave and you will receive your full salary for those days. [Sec. 2]
For how many births can I use paternity leave?: You can use the seven‑day leave for each of the first four deliveries of your legitimate spouse. [Sec. 2]
Does a miscarriage count as a delivery for paternity leave?: Yes, a miscarriage is considered a delivery under this law. [Sec. 2]
What must I do to get the leave?: You must notify your employer of your spouse’s pregnancy and the expected delivery date before the leave starts. [Sec. 2]
What happens if my employer refuses to grant the leave?: The employer can be fined up to ₱25,000 or imprisoned for 30 days to six months, and responsible corporate officers may also be penalized. [Sec. 5]
Will this law take away any other benefits I already have?: No. The act does not diminish any existing benefits you may have under other laws or agreements. [Sec. 6]
When did the Paternity Leave Act become effective?: It became effective 15 days after its publication in the Official Gazette or in at least two national newspapers. [Sec. 8]

Tenth Congress

[ REPUBLIC ACT NO. 8187, June 11, 1996 ]

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Paternity Leave Act of 1996."

Section 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. For purposes of this Act, delivery shall include childbirth or any miscarriage.

Section 3. Definition of Term. – For purpose of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.1aшphi1

Section 4. The Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the Secretary of Health shall, within thirty (30) days from the effectivity of this Act, issue such rules and regulations necessary for the proper implementation of the provisions hereof.

Section 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not exceeding Twenty-five thousand pesos (P25,000) or imprisonment of not less than thirty (30) days nor more than six (6) months. If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible therefor.

Section 6. Nondiminution Clause. – Nothing in this Act shall be construed to reduce any existing benefits of any form granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.

Section 7. Repealing Clause. – All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Section 8. Effectivity. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved, June 11, 1996.