Fathers and solo parents have their own statutory leaves, separate from service incentive leave. Both are seven days with full pay. The conditions are strict, so here is exactly who qualifies.
- Paternity leave: 7 working days with full pay for each of the first four deliveries of the lawful wife.
- Transferred maternity leave: up to 7 more days if the mother allocates them.
- Solo parent leave: 7 working days with pay a year, after 6 months of service.
- Neither leave carries over or converts to cash.
Paternity leave under RA 8187
A married male employee is entitled to seven working days of leave with full pay when:
- he is lawfully married to the mother and living with her
- the delivery, miscarriage or abortion is among the first four of his lawful wife
- he notifies his employer of the pregnancy and the expected date of delivery
The leave may be taken before, during or after the delivery, as long as it is within 60 days of it. Full pay means his full basic salary and mandatory allowances for those days. If the employer already gives paternity leave of seven days or more, it does not have to give more.
Days transferred from maternity leave
Under RA 11210 the mother may give up to seven of her 105 days of maternity leave to the child's father, whether or not they are married. If the father has died, is absent or is incapacitated, she may give them to a relative or a person living with her who shares in caring for the child. With paternity leave, a married father can take up to fourteen days. Read more in the maternity leave guide.
Solo parent leave under RA 11861
The Expanded Solo Parents Welfare Act gives solo parents seven working days of leave with pay every year, on top of other leaves, if they:
- have rendered at least six months of service, continuous or broken
- hold a valid Solo Parent Identification Card from their local government
The leave is for parental duties, such as a child's school activities, medical care or other needs. It is not cumulative and not convertible to cash.
At a glance
| Leave | Days | Who | Law |
|---|---|---|---|
| Paternity leave | 7 working days | Married fathers, first four deliveries | RA 8187 |
| Allocated maternity leave | Up to 7 days | The father or an alternate caregiver | RA 11210 |
| Solo parent leave | 7 working days a year | Solo parents with an ID and 6 months of service | RA 11861 |
| Service incentive leave | 5 days a year | Employees with a year of service | Labor Code Art. 95 |
Solo parents also get a 15-day extension of maternity leave under RA 11210. For the everyday leave all employees earn, see service incentive leave.