9_Paternity Leave_Statutory Monetary Leave

PATERNITY LEAVE

• Definition

• Coverage

• Duration

• Conditions for Entitlement

• Frequency of Availment

Definition (PATERNITY LEAVE)

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

Coverage (PATERNITY LEAVE)

applies to all married male employees regardless of employment status

Duration (PATERNITY LEAVE)

• 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

Conditions for Entitlement (PATERNITY LEAVE)

all married male employees who meet the following:

• he is an employee at the time of delivery 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 miscarriage

Frequency of Availment (PATERNITY LEAVE)

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