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Philippine Labor Circular - Chan Robles Virtual Law Library

ON-LINE

This web page features the full text of the
Paternity Leave Act of 1996
Republic Act No. 8187.

  

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.


     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:


     (SGD.) NEPTALI A. GONZALES
     President of the Senate


     (SGD.) JOSE DE VENECIA, JR.
     Speaker of the House of Representatives


     This Act, which is a consolidation of Senate Bill No. 1032  and House Bill No. 7134 was finally passed by the Senate and   the House of Representatives on June 8, 1996.


     (SGD.)HEZEL P.GACUTAN
     Secretary of the Senate


     (SGD.) CAMILO L. SABIO
     Secretary General
     House of Representatives


     Approved: June 11, 1996


     (SGD.) FIDEL V. RAMOS
     President of the Philippines

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