Paternity Leave in the Philippines: 2025 Employment Laws

Paternity leave isn’t just a statutory benefit. It’s a crucial step toward building more equitable families and healthier workplaces. When fathers are given time to support their partners and bond with their newborns, it improves family well-being and contributes to employee satisfaction and retention.

Under the Paternity Leave Act of 1996 (RA 8187) and the Expanded Maternity Leave Law (RA 11210), paternity leave is a legal right in the Philippines. This guide covers everything both employees and employers need to know: eligibility, step-by-step application process, employer obligations, and FAQs.

What Is Paternity Leave?

Paternity leave is a benefit that allows qualified male employees to take time off from work to support their spouse during and after childbirth.

Eligibility Criteria for Paternity Leave

To qualify for paternity leave:

• The employee must be legally married to the woman giving birth.
  
  
• The employee must be living with their spouse at the time of childbirth (exceptions may apply for OFWs or rotating work assignments).
  
  
• Applies only to the first four deliveries.
  
  
• The employee must be employed (regular, probationary, contractual, project-based, or fixed-term).
  
  
• Not eligible if unmarried.
  
  

Related: Employee Benefits in the Philippines You Should Know

Paternity Leave Benefits & Compensation

• Fully paid by the employer (not SSS-funded).
  
  
• Valid for 7 calendar days per childbirth.
  
  
• In the case of live birth, a female worker may allocate or transfer up to 7 days of her paid maternity leave to the child’s father. This option is not applicable in cases of miscarriage or emergency termination of pregnancy, including stillbirth.
  
  
• Benefits are processed directly through the company’s HR/payroll system.
  
  

Related: How Payroll Works in the Philippines

Comparison Table: Paternity Leave vs. Other Leave Types

Step-by-Step Guide: How to Apply for Paternity Leave

1. Notify HR or supervisor early (ideally upon confirmation of pregnancy).
   
   
2. Prepare documents:
   
   • Medical certificate or OB note indicating expected delivery date.Photocopy of marriage certificate from the Philippine Statistics Authority (PSA) to prove legal marriage
   • Your child’s birth certificate issued by PSA or your local civil registrar (your company may also ask for a fetal death certificate for miscarriages)
   • Accomplished paternity leave form from your company
     
     
3. File leave through your company’s HR system or manual form.
   
   
4. Plan leave dates around expected delivery; confirm timeline with your manager.
   
   
5. Secure post-birth documents:
   
   • Submit the baby’s birth certificate for validation if required by company policy.
     
     

Related: Maternity Leave in the Philippines: A Complete 2025 Guide

Common Mistakes to Avoid

• Not informing HR early: Always notify as soon as you know the delivery date.
  
  
• Missing documents: Be proactive in submitting marriage and medical certificates.
  
  
• Assuming leave is automatic. Filing is required to trigger payroll processing.
  
  
• Not claiming optional +7 days: If your wife agrees, request her to write a formal note transferring her unused leave days.

Employer Responsibilities & Compliance

Under RA 8187, employers must:

• Grant 7 days of paid leave to qualified male employees.
  
• Not requiring SSS reimbursement (benefit is fully shouldered by the employer).
  
• Respect the confidentiality of documentation.

Penalties for Non-Compliance:

• Companies that deny valid paternity leave requests can face legal complaints filed with the DOLE.
  
• Non-compliance may result in fines, sanctions, or reputational damage.

Best Practices:

• Train HR teams on proper leave processing or collaborate with HR experts like Penbrothers.
  
• Include paternity leave policies in onboarding materials.
  
• Keep templates for leave requests and checklists ready.

Related: How to Build A Compliant Team in the Philippines

Frequently Asked Questions

Can unmarried fathers apply for paternity leave?

No, the law specifically requires legal marriage.

When can you take paternity leave?

​​You can use your paternity leave before, during, or after your wife gives birth. You can even split it up—for example, take a day in advance and use the rest afterward. Just make sure to use it within 60 days of delivery.

Can paternity leave be filed after childbirth?

RA 8187 provides that fathers should file for paternity leave within 60 days after their child is born.

Do all companies grant paternity leave?

Yes, it’s mandatory under Philippine law.

Is paternity leave deducted from vacation or sick leave?

No, it is a separate benefit.

Can both paternity and solo parent leave be availed?

Not at the same time, but an employee can use solo parent leave later if eligible.

Conclusion: Get Your Paternity Leave Checklist

Paternity leave is a vital support system that allows fathers to be present during a life-changing moment. For employers, it signals a culture of care and compliance. To ensure you don’t miss any step in the application process, download our Free Paternity Checklist. This resource helps employees file with confidence and helps HR teams ensure full compliance.