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Paternity Leave Act of 1996
REPUBLIC ACT NO. 8187
AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULLPAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATESPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES002E Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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

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. 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.

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. 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

Issues:
MANILA, Philippines - The House assistant majority leader wants to modify the "Paternity Leave Act of 1996" which used to allow all married male employees only seven days of paid leave benefits to 15 days.
Rep. Edcel “Grex” B. Lagman (1s t District, Albay) seeks for the acts’ revision, since according to him, a husband’s physical presence is essential for the recovery of his wife during the first month after childbirth. As such, the amendment also grants every husband additional 15 days of unpaid leave to prolong the time spent with his wife and newborn after delivery.
Lagman further raised his concerns saying that every mother is at risk of postpartum depression since their hormones are going haywire while they attend to their child’s needs 24/7 and a husband’s presence is also medically proven to reduce this disorder. Moreover, a husband’s aid and care for his wife and baby will make nurturing for both parents manageable.
“During the first weeks of a baby’s life, the family bond is formed and intensified daily as the baby recognizes his primary caregivers. A father also feels a great desire to hold his little one as much as his wish to provide financially for his family’s needs,” added Lagman.
Lagman said Republic Act 8187, otherwise known as the Paternity Leave Act of 1996 was promulgated in line with Article II, Section 12 of the Constitution which provides that “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.”
The Paternity Leave Act’s revisions lengthens the paid leave benefits of all married male employees and provide them additional unpaid leave benefits for the first four deliveries of legitimate spouse, which shall not be deducted from his annual leave credits. “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,” RA 8187 states.
Lagman pushes for the amendment of Section 2 of RA 8187 under the House Bill 5544, which is currently pending at the Committee of Labor and Employment chaired by Rep. Karlo Alexei B. Nograles (1st District, Davao City).

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