Dear PAO,
How do we compute paternity leave when it falls on a holiday? Does the
seven-day paternity leave includes holiday/special holiday/Sunday or do
we have to count only the regular working days?
Ms. Joy
Dear Ms. Joy,
Paternity leave is a privilege given to a male employee enabling him to
earn compensation even if he does not report for work in cases where his
legal wife with whom he is cohabiting gives birth to a child or suffers
miscarriage. This benefit is granted under Republic Act (R.A.) No. 8187
or the Paternity Leave Act of 1996. Section 2 thereof provides:
“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.”
As defined, 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
(Section 3, Republic Act No. 8187).
Based on the above definition, it can be easily deduced that
paternity leave may be used only during those days that the male
employee is supposed to be reporting for work but due to the condition
or situation of his wife and/or newborn child, he is excused from
reporting for work for seven (7) days. Since during holidays or those
days that are declared non-working days he is not required to report for
work, it fol–lows that the same shall not be deducted from his
paternity leave benefits if he did not report for work on those days.
Again, we find it necessary to mention that this opinion is solely
based on the facts you have narrated and our appreciation of the same.
The opinion may vary when the facts are changed or elaborated.
We hope that we were able to guide you with our opinion on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s
Office. Questions for Chief Acosta may be sent to
dearpao@manilatimes.net
source: Manila Times
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