and privileges to solo parents and their children, appropriating funds therefore and for other purposes. BACKGROUND
• Known as the “Solo Parents’ Welfare Act of
2000. It was approved on November 7, 2000. It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Who are the solo parent?
Any individual who falls under any of
the following categories:
1. A woman who gives birth as a result of
rape and other crimes against chastity even without a final conviction of the offender. Provided, that the mother keeps and raises the child; Who are the solo parent? Parent left solo or alone with the responsibility of parenthood 2. due to death of spouse; 3. while the spouse is detained or is serving sentence for a criminal conviction for at least one year; 4. due to physical and or mental incapacity of spouse as certified by the public medical practitioner; Who are the solo parent? 5. due to legal separation or de facto separation from spouse for at least one year, as long as he/she is entrusted with the custody of the children; 6. due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; 7. due to abandonment of spouse for at least one year. Who are the solo parent?
8. unmarried mother/father who has
preferred to keep and rear her/his child / children instead of having others care for them or give them up to a welfare institution; 9. any other person who solely provides parental care and support to a child or children; provided he/she is duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court; Who are the solo parent? 10. any family member who assumes the responsibility of head of the family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. • A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. CHILDREN
Refers to those living with and dependent
upon the solo parent for support who are unmarried, unemployed and below 18 years of age, or even 18 years and above but are incapable of self-support and/or mentally and/or physically challenged. EMPLOYMENT RELATED BENEFITS
1. Parental leave 2. Flexible work schedule 3. No work discrimination PARENTAL LEAVE
WHAT IS PARENTAL LEAVE?
Parental leave is a leave granted to a solo parent employee who has rendered at least one year of service.
HOW MANY DAYS IS PARENTAL
LEAVE? Parental leave should not be more than seven (7) working days per year. PARENTAL LEAVE
• IS THE SEVEN DAY PARENTAL LEAVE
CUMULATIVE? This in non- cumulative. • WHAT ARE THE REQUIREMENTS FOR AVAILMENT OF THIS LEAVE? The solo parent has: • rendered at least one year of service whether continuous or broken; PARENTAL LEAVE
• Notified the employer within a
reasonable time period; and • Presented a Solo Parent Identification Card to his/her employer (while the ID is in process, any proof maybe presented) SOLO PARENT ID
WHERE CAN A SOLO PARENT GET
THE SOLO PARENT IDENTIFICATION CARD?
Municipal/Social Welfare and
Development Office PARENTAL LEAVE
• IS THE PARENTAL LEAVE CONVERTIBLE TO
CASH? NO, unless specifically agreed upon.
• IF THERE IS A SIMILAR BENEFIT GIVEN
GREATER THAN WHAT THE LAW PROVIDES, WHICH WILL PREVAIL? The greater benefit shall prevail WHEN CAN A SOLO PARENT AVAIL OF PARENTAL LEAVE? A solo parent may avail of parental leave with pay in any of the following circumstances: • When his/her child gets ill; • He/she needs to attend Parent-Teacher Association (PTA) meetings in school; • For child enrollment purposes; or • Other circumstances necessary in the performance of parental duties and responsibilities where the physical presence is required. FLEXIBLE WORK SCHEDULE
WHAT ARE THE DIFFERENT TYPES OF FLEXIBLE
WORK SCHEDULES ALLOWED BY DOLE POLICY?
Compressed Work Week - the compressed
workweek of 48 hours in six days is compressed for 5 days, which is approximately 9.6 hours per day, without payment of overtime pay in exchange for an additional day off in a week, savings on transportation and meal expenses, among other considerations. FLEXIBLE WORK SCHEDULE
Gliding Time Schedule
- the schedule allows an employee to flexible punch-in time ( e.g. anytime from 7:00 am - 9:00am and punch out after 8 hours of work) Other flexible work arrangements as agreed upon by parties, provided the minimum requirements of the law are met. FLEXIBLE WORK SCHEDULE
WHEN CAN AN EMPLOYER PROVIDE FOR A
FLEXIBLE WORK SCHEDULE FOR A SOLO PARENTS?
An employer shall provide for flexible work
schedule when requested by a solo parent employee provided the same shall not affect individual and company productivity. No Work Discrimination
No work discrimination. Employers are
prohibited from discriminating against any solo-parent employee with respect to terms and conditions of employment on account of his/her status. TERMINATION OF BENEFITS
WHEN CAN THE SOLO PARENT BENEFITS BE
TERMINATED? A change in the status or circumstance of the parent claiming the benefits under the RA 8972 such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. WHAT ARE THE REQUIREMENTS IN SECURING A SOLO PARENT ID?
1. Barangay certificate residency in the area;
2. Documents/Evidence that the applicant is a
solo parent (e.g. death certificate of spouse, declaration of nullity of marriage, medical certificate – if incapacitated); and