REPUBLIC ACT NO.

8187
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN
THE PRIVATE AND PUBLIC SECTORS FOR
THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER
PURPOSES.

SECTION 1. Short Title. - This Act shall be known as the "Paternity Leave Act of 1996".
 Who may apply?
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.

For purposes, of this Act, delivery shall include childbirth or any miscarriage.

1. Does the male employee needs to be a regular employee?

2. Can he avail of this prior to delivery and miscarriage?
3. Does it need to be continuous 7 days?
4. Is this convertible to cash?
5. What if the male employee is a Moslem? Is it 4 deliveries for
each legitimate wife?
 Sec 3. Definition of Terms
SECTION 3. Definition of Term. - For purposes of this Act, 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.

1. Is it the Company who will pay the compensation or

SSS/ GSIS?

2. Is abortion covered by this law?

3. is male employee be also eligible for bereavement

leave for another 7 days in case of abortion or
miscarriage?

4. Does a child needs to be born in order to die?

Employee” refers to any person who performs
services for another and receives compensation
therefor, provided an employer-employee
relationship exists between them.

“Delivery” refers to childbirth or miscarriage.

“Spouse” refers to the lawful wife. For this

purpose, lawful wife refers to a woman who is
legally married to the male employee
concerned.

“Cohabiting” refers to the obligation of the

husband and wife to live together.
"Miscarriage" The expulsion of the ovum or embryo from the uterus within the first six
weeks after conception. Between that time, and before the expiration of the sixth month
when the child may possibly live, it is termed abortion. When the delivery takes place soon
after the sixth month it is called premature labor. But the criminal act of destroying the
fetus at any time before birth is termed in law, procuring miscarriage.
- Philippine Legal Encyclopedia

‘Abortion' The expulsion of a fetus before it is capable of

living. In this sense it is a synonym of 'miscarriage.' With
respect to human beings, however, it has long been used
to refer to an intentionally induced miscarriage a
distinguished from one resulting naturally or by accident.
There has been some tendency to use the word to mean a
criminal miscarriage, and there would be distinct
advantages in assigning this meaning to it; but there are so
many references to lawful abortion or justification for
abortion that it is necessary to speak of 'criminal abortion' or
the 'crime of abortion' to emphasize the element of
culpability.
– The Black’s Law Dictionary 2009.
 Does a child needs to be born in order to die?
Articles 40, 41 and 42 of the Civil Code do not provide at all a definition of death. Moreover, while the
Civil Code expressly provides that civil personality may be extinguished by death, it does not explicitly state
that only those who have acquired juridical personality could die.

Even a child inside the womb already has life. No less than the
Constitution (2nd par. of Article II, Sec. 12) recognizes the life of the
unborn from conception, that the State must protect equally with the
life of the mother. If the unborn already has life, then the cessation
thereof even prior to the child being delivered, qualifies as death.
Continental Steel Manufacturing Corporation vs Voluntary Arbitrator
Allan Montaño G.R. No. 182836, October 13, 2009

In case of doubt, claims for Workmen's Compensation should be

resolved in favor of the worker, and that social legislations should be
liberally construed to attain their laudable objective, i.e. to give relief
to the Workman and/or les dependents in the event that the former
should die or sustain an injury. MARIA E. MANAHAN vs. EMPLOYEES'
COMPENSATION COMMISSION [G.R. No. L-44899. April 22, 1981.
 Rules and Regulations
SECTION 4. The Secretary of Labor and Employment, the Chairman of the Civil Service
Commission and the Secretary of Health shall, within thirty (30) days from the effectivity
of this Act, issue such rules and regulations necessary for the proper implementation of
the provisions hereof.
SECTION 5. Any person, corporation, trust, firm, partnership,
association or entity found violating this Act or the rules and
regulations promulgated thereunder shall be punished by a fine
not exceeding Twenty-five thousand pesos (P25,000) or
imprisonment of not less than thirty (30)days nor more than six (6)
months.

If the violation is committed by a corporation, trust or firm,

partnership, association or any other entity, the penalty of
imprisonment shall be imposed on the entity's responsible officers,
including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or
partner directly responsible therefor.
 Non-diminution clause
SECTION 6. Nondiminution Clause. - Nothing in this Act shall be construed to reduce any
existing benefits of any form granted under existing laws, decrees, executive orders, or any
contract agreement or policy between employer and employee.

SECTION 7. Repealing Clause. - All laws, ordinances, rules, regulations, issuances, or parts
thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

1. Is the male employee entitled to a

premium pay if during his paternity
leave falls on Holiday?

2. How to apply
How to apply
The married male employees shall
apply for paternity leave with his
employer within a reasonable period
of time from the expected date of
delivery by the pregnant spouse, or
within such period as may be
provided by company rules and
regulations or by collective bargaining
agreement, provided that prior
application for leave shall not be
required in case of miscarriage.
 Effectivity clause
SECTION 8. Effectivity. - This Act shall take effect (15) days from its
publication in the Official Gazette or in at least two (2) newspapers
of national circulation.
Approved: June 11, 1996