Paternity Leave in the Philippines gives qualified married male employees 7 days of paid leave to support their spouse during childbirth or miscarriage. Provided under the Paternity Leave Act of 1996 (Republic Act No. 8187), this benefit protects fathers’ rights to be present for family care without loss of income or employment security.
This guide explains everything employers and employees need to know – eligibility rules, payouts, documentation requirements, and payroll compliance in the Philippines.
- What is paternity leave?
- Who is entitled to paternity leave?
- How many days of paternity leave are granted?
- Is paternity leave paid?
- When should paternity leave be filed?
- What Documents Are Required?
- Can paternity leave be converted to cash?
- Can employers give more than 7 days paternity leave?
- Paternity Leave vs. Parental Leave for Solo Parents
- How does paternity leave affect payroll computation?
- Is paternity leave included in the 13th month pay?
- Can paternity leave be used for caesarian delivery or miscarriage?
- What happens after the fourth delivery?
- Is unmarried father eligible for paternity leave?
- Required Employer Compliance
- Is there a minimum length of service required to avail paternity leave?
- Can a father split the 7 days paternity leave?
- Can paternity leave overlap with other leave?
- Can employers deny paternity leave?
- Final Thoughts
- Automate Paternity Leave Tracking with MPM Payroll
What is paternity leave?
Paternity leave is a government-mandated benefit allowing a married male employee to take 7 days of leave with full pay to support his spouse:
- During childbirth, or
- In cases of miscarriage
Unlike maternity leave, paternity leave is paid entirely by the employer and is not reimbursed by SSS or any government agency.
Who is entitled to paternity leave?
An employee qualifies for statutory paternity leave if he meets all of the following conditions:
✅ Legally married to the child’s mother
✅ Living with his spouse at the time of childbirth or miscarriage
✅ The employee’s spouse gives birth or suffers miscarriage
✅ The employee uses the benefit for up to the first four (4) deliveries (including miscarriages)
✅ Works in the private or public sector, regardless of employment status (regular, probationary, project-based)
❗ Paternity leave is not valid for a girlfriend or partner – marriage is a legal requirement under RA 8187.
How many days of paternity leave are granted?
Qualified fathers are entitled to:
✅ 7 calendar days of leave with full pay
- These are paid days off, not deductible from vacation leave or sick leave balances.
- Includes weekends and holidays if they fall within the leave period.
- Leave may be taken before, during, or immediately after childbirth.
Is paternity leave paid?
✅ Yes
The employer must pay the employee 100% of his regular daily wage during paternity leave. It is purely employer-shouldered and does not involve SSS reimbursement. Just like a regular leave pay, in payroll it is treated as a replacement to a basic pay on days that the employee is on leave.
When should paternity leave be filed?
Employees should notify their employer of their intention to take paternity leave as early as possible -ideally:
- Upon knowing the spouse’s pregnancy, or
- Before the expected delivery date
Actual documents may be submitted after childbirth if not available beforehand.
What Documents Are Required?
Employers normally require the following:
- Marriage certificate
- Birth certificate of the child or
- Medical certificate in cases of miscarriage
Company HR policies may also require:
- Paternity leave application form
- Proof of competing delivery count (if nearing the 4-delivery limit)
Can paternity leave be converted to cash?
❌ No.
Unused paternity leave:
- Cannot be converted to cash
- Cannot be carried forward or accumulated
- Must be used around the childbirth event, or it is forfeited
Can employers give more than 7 days paternity leave?
✅ Yes.
While the law mandates 7 paid days, companies may offer additional paternity leave benefits through internal policy or collective bargaining agreements (CBAs). Based on our data from MPM Payroll, many modern organizations in the Philippines now provide:
- 10 to 14 days paid paternity leave
- Partial work-from-home transition for new fathers
- Extended family bonding leave
Paternity Leave vs. Parental Leave for Solo Parents
These benefits are often confused but are very different:
| Feature | Paternity Leave | Solo Parent Leave |
|---|---|---|
| Who qualifies | Married fathers | Certified solo parents |
| Paid days | 7 days full pay | 7 days paid leave annually |
| Eligibility limit | Up to 4 deliveries | Ongoing for as long as solo parent status remains |
| When used | Around childbirth | For child-related needs anytime |
Learn more about Solo Parent Leave
How does paternity leave affect payroll computation?
No adverse payroll effects occur if processed properly. Here is how it should be treated in payroll.
- Full salary continues during paid leave as it is treated like a regular leave which is a replacement of the basic salary on days that the employee is on leave
- It is subject to regular statutory deductions:
- Withholding tax
- SSS
- PhilHealth
- Pag-IBIG
- Included in 13th month pay computation
Is paternity leave included in the 13th month pay?
✅ Yes.
Since paternity leave days are treated as regular compensation and replacement to basic pay, the earnings during paternity leave are included in 13th month pay computation. They are not considered absences nor deductions.
Read more about How to Compute 13th month Pay
Can paternity leave be used for caesarian delivery or miscarriage?
✅ Yes.
The benefit applies regardless of delivery type:
- Normal delivery
- Caesarean section
- Miscarriage
Each event counts toward the maximum of four (4) eligible instances.
What happens after the fourth delivery?
After the fourth covered delivery or miscarriage:
❌ Employees are no longer entitled to statutory paternity leave for future childbirths under RA 8187.
However, companies may still grant leave benefits under internal policies or other leave programs.
Is unmarried father eligible for paternity leave?
❌ No
An unmarried father is NOT entitled to Paternity Leave under RA 8187.
However, employers may extend similar leave benefits as part of their HR policy, but these are voluntary and not legally required.
Required Employer Compliance
Employers must:
- Acknowledge and process paternity leave requests
- Maintain leave records
- Ensure full pay during leave
- Avoid punitive action based on leave usage
Failure to comply may expose employers to labor law complaints and penalties.
Is there a minimum length of service required to avail paternity leave?
❌ No.
Employment status or tenure does not matter.
Can a father split the 7 days paternity leave?
✅ Yes
Subject to company policy, as long as it aligns with the childbirth event.
Can paternity leave overlap with other leave?
It may overlap if allowed by company rules, but the statutory entitlement remains distinct.
Can employers deny paternity leave?
❌ No – if eligibility requirements are met, it is a mandatory benefit.
Final Thoughts
Paternity leave strengthens family support while protecting fathers’ labor rights. For employers, ensuring accurate implementation is not just about legal compliance – it’s about building a family-friendly workplace culture that promotes retention and morale.
Automate Paternity Leave Tracking with MPM Payroll
Managing leave manually often leads to compliance risks, payroll mistakes, and employee disputes.
With MPM Payroll:
✅ Track usage and approvals
✅ Apply correct payroll treatment automatically
✅ Generate updated employee leave balances
✅ Ensure clean 13th-month and tax reporting
👉 Try MPM Payroll today and simplify your leave management, payroll processing, and government compliance – all in one platform.
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