[4] Statutory Monetary Benefits - Maternity Leave, Paternity Leave, Parental Leave for Solo Parents

From St. Ven's notes

Maternity Leave

Paid leave granted to a female employee for every instance of pregnancy, miscarriage, and emergency termination of pregnancy, regardless of frequency

Maternity Leave‘s Coverage

Applies to female employees, regardless of civil status, employment status, and legitimacy of her child

Duration for Maternity Leave

• 105 days with full pay

• 120 days with full pay if solo parent

• In cases of live childbirth

  • Mothers can avail 30 days additional leave, but unpaid

• Leave may be credited as combinations of prenatal and postnatal leave as long as it does not exceed 105

• Compulsory postnatal leave → at least 60 days

• In case of miscarriage or emergency termination of pregnancy

  • Maternity leave for 60 days with full pay

Maternity Leave’s Conditions for Entitlement

Female employee must have at least 3 monthly contributions to the SSS in the 12-month period preceding the semester of childbirth, miscarriage, or emergency termination

Maternity Leave’s Frequency of Availment

Shall be granted to female employees regardless of frequency

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

Paternity Leave’s Coverage

Applies to all married male employees regardless of employment status

Duration of 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

Paternity Leave’s Conditions for Entitlement

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

Paternity Leave’s Frequency of Availment

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

Parental Leave for Solo Parents

Paid leave granted to a qualified solo parent

Parental Leave for Solo Parents’ Coverage

• Categories of Solo Parents:

  • Parent who provides sole parental care of the child due to:

  • Spouse or any family member of an OFW

  • Unmarried parent who keeps and rears the child

  • Any legal guardian, adoptive or foster parent

  • Any relative within the 4th civil degree of consanguinity who assumes care as a result of death, abandonment, disappearance, or absence of the parents for at least 6 months

  • Pregnant woman who provides sole parental care to unborn children

• Child or dependents

• Parental care and support

Categories of Solo Parents

• Parent who provides sole parental care of the child due to:

  • Birth as consequence of r4pe without final conviction

  • Death of spouse

  • Detention of spouse for at least 3 months or serving a sentence for a criminal conviction

  • Physical or mental incapacity of spouse as certified by a medical practitioner

  • Legal separation of de facto separation for at least 6 months

    • The solo parent is entrusted with sole parental care

  • Annulment of marriage or due to divorce

  • Abandonment by the spouse for at least 6 months

• Spouse or any family member of an OFW

  • OFW belongs to the low/semi-skilled worker category and away from the Philippines for an uninterrupted period of 12 months

• Unmarried parent who keeps and rears the child

• Any legal guardian, adoptive or foster parent

• Any relative within the 4th civil degree of consanguinity who assumes care as a result of death, abandonment, disappearance, or absence of the parents for at least 6 months

  • In cases of solo grandparents who have sole parental care over their grandchildren

    • Grandchildren who are unmarried and 22 years old or below

    • Those 22 years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation

• Pregnant woman who provides sole parental care to unborn children

Parent who provides sole parental care of the child due to…

CATEGORIES OF SOLO PARENTS

• Birth as consequence of r4pe without final conviction

• Death of spouse

• Detention of spouse for at least 3 months or serving a sentence for a criminal conviction

• Physical or mental incapacity of spouse as certified by a medical practitioner

• Legal separation of de facto separation for at least 6 months

  • The solo parent is entrusted with sole parental care

• Annulment of marriage or due to divorce

• Abandonment by the spouse for at least 6 months

Spouse or any family member of an OFW

CATEGORIES OF SOLO PARENTS

OFW belongs to the low/semi-skilled worker category and away from the Philippines for an uninterrupted period of 12 months

Child or dependents

PARENTAL LEAVE FOR SOLO PARENTS’ COVERAGE

• Living with and dependent upon the solo parent

• Unmarried and 22 years old or below

• 22 years old and over who cannot fully take care of themselves due to disability

Parental care and support

Acts of providing for basic needs, health care, mental and physical safety, emotional support and formation of the personality of the child

Parental Leave for Solo Parents’ Duration

• Forfeitable and noncumulative parental leave of not more than 7 working days with pay every year

• Granted to solo parents who have rendered service at least 6 months

• Solo parent shall not lose their status if the other parent provides occasional assistance and/or seasonal gifts

• Is not considered a solo parent when parental care and support are equally shared between a separated mother and father

• If parental leave is not availed, it is not convertible to cash unless previously agreed upon by employer and employee

• Greater benefit shall prevail if there is an existing or similar benefit under a policy or CBA

• Emergency or contingency leave provided under a company policy or CBA shall not be credited as compliance with the parental leave for under the Labor Code

Parental Leave for Solo Parents’ Conditions for Entitlement

A solo parent must

• Have rendered at least 6 months of service, whether continuous or broken

• Have notified their employer of the availment within a reasonable time

• Have presented a valid Solo Parent Identification Card (SPIC)

Parental Leave for Solo Parents’ Frequency of Availment

• Leave of 7 days with full pay shall be granted every year

• When a solo parent ceases to be such by reason of change of status and circumstances, they will become ineligible for the benefits