Maternity Leave and Paternity Leave in the Philippines

Pinoy Entrepreneurs must deal not only with how to generate money from their businesses or ventures, but they must also be aware of the benefits to which their employees are entitled to. This may not be a problem for many Pinoy Entrepreneurs who are just starting up and doing the work themselves. The hiring of workers may come later on.

Anyway, everybody may be aware of the maternity and paternity leave benefits, both of which are available only for the first four (4) deliveries. Before we proceed, let’s address what some would say that the benefits are unfair to fathers, especially considering that there’s a proposal in Congress (House Bill 3973) to increase the regular 60-day maternity leave to 120 days, or four months [update 20 January 2016: see Senate Bill 2982]. For those who say it’s unfair, perhaps it would be good to point out that they’re not the ones giving birth.

Maternity leave is at least sixty (60) days, with pay, for normal delivery, abortion or miscarriage. It’s extended to seventy-eight (78) days in case of caesarian section delivery. (The applicable law is Republic Act No. 1161, as amended by Republic Act No. 7322.) Of course, there’s the usual premium-payment requirement and the need to notify the employer who, in turn, must notify the Social Security System (SSS). If everything is in order, the SSS reimburses the employer for the maternity leave pay.

Paternity leave is only seven (7) days, with pay (Republic Act 8187, or the “Paternity Leave Act of 1996”). It’s available to male employees in the private and public sectors, and is intended for the father to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

Maternity leave is available to a woman-employee giving birth, whether or not she is married to the father of the child. For a male employee to be entitled to paternity leave, he must be married to the woman giving birth and they must be cohabiting. So, still think it’s unfair?

Leave a Reply

Your email address will not be published. Required fields are marked *