Labor Standards 10 - Masterclass 2024

Summary

This video explains the provisions of Republic Act 8187, which grants paternity leave to married male employees in both the private and government sectors. The leave, lasting seven calendar days, allows husbands to support their wives during recovery after childbirth or miscarriage. The script details eligibility requirements, such as the employee being married, cohabiting with their spouse, and employed at the time of delivery. It also discusses company policies, maternity leave entitlements, and the non-convertibility of paternity leave into cash. The video emphasizes that seven working days is more favorable for employees than calendar days.

Takeaways

• 😀 Paternity leave is a benefit under Republic Act 8187 granted to married male employees in both private and government sectors.
• 😀 Unlike maternity leave, paternity leave is only applicable to male employees with a lawful wife who is pregnant or giving birth.
• 😀 The paternity leave benefit applies to all married male employees regardless of their employment status (e.g., probationary, regular, contractual, etc.).
• 😀 The law specifies a seven-day paternity leave, with the Department of Labor and Employment (DOLE) interpreting it as seven calendar days, though seven working days is considered more favorable for employees.
• 😀 The paternity leave benefit covers up to the first four deliveries of the employee's lawful wife, and is meant to support the wife during recovery or caring for the newborn.
• 😀 To qualify for paternity leave, the employee must be cohabiting with his wife at the time of delivery or miscarriage, with exceptions for work-related separation.
• 😀 The definition of 'cohabiting' allows for exceptions if the couple is not living together due to work reasons, but not if they are separated for personal reasons.
• 😀 Employees are required to apply for paternity leave within a reasonable period from the expected delivery date, but can also apply after a miscarriage without prior notice.
• 😀 Paternity leave is non-convertible to cash and cannot be carried over to subsequent deliveries. It is strictly intended to support the wife after childbirth.
• 😀 Employers are required to grant at least seven calendar days of paternity leave, and if their existing benefits are less, they must adjust to meet the minimum legal requirements.

Q & A

What is the primary purpose of paternity leave under Republic Act 8187?

The primary purpose of paternity leave is to allow married male employees to lend support to their wife during her recovery after childbirth and in nursing their newborn child.

Who is eligible for paternity leave under RA 8187?

Paternity leave is granted to all married male employees in the private and government sectors, provided they have a legitimate wife who is pregnant or giving birth.

How long is the paternity leave benefit under RA 8187?

The paternity leave benefit provides for seven calendar days of leave with full pay, which includes basic salary and allowances.

What is the difference between calendar days and working days for paternity leave?

Calendar days include weekends and holidays, which may not be paid if the employee is not working. Working days, however, exclude non-working days, and using seven working days is considered more favorable for the employee.

Can paternity leave be used for the first four deliveries of the employee's spouse?

Yes, paternity leave applies to the first four deliveries of the employee’s lawful wife, with whom he is cohabiting.

What does 'cohabiting' mean in the context of paternity leave eligibility?

Cohabiting means the married couple is living together. If the couple is not physically living together due to work or occupation-related reasons, the employee is still entitled to paternity leave.

What should an employee do to avail of paternity leave?

The employee must apply for paternity leave within a reasonable period before or after the expected date of delivery, as specified in the company’s policies or collective bargaining agreements.

Is prior application for paternity leave required in the event of a miscarriage?

No, prior application is not required for a miscarriage, as it is an unexpected event.

Can unused paternity leave be converted to cash or accumulated for future use?

No, unused paternity leave cannot be converted to cash, and it cannot be accumulated for future deliveries.

What happens if an employee resigns before using all of their paternity leave?

If the employee resigns before using the full seven days, the remaining days of paternity leave will not be granted, as they are no longer employed by the company.