Key Takeaways
- Dual Path to Leave: Fathers can access leave through two distinct laws: the Paternity Leave Act (RA 8187) for 7 days, and the Expanded Maternity Leave Law (RA 11210), which allows for an additional 7 days transferred from the mother.
- Marital Status Matters (Partially): The statutory 7-day paternity leave (RA 8187) is strictly for legally married fathers living with their spouse. However, the 7-day transferred leave (RA 11210) is available regardless of marital status.
- Funding Responsibility: The employer is 100% responsible for the pay of the initial 7 days of paternity leave; it is not reimbursed by the SSS. Only the leave days transferred from the mother’s SSS maternity benefit can be subject to reimbursement.
- Use it or Lose it: Paternity leave must be used within 60 days of the child’s birth. It is non-cumulative and cannot be converted to cash if unused.
- Limit on Deliveries: Both laws generally apply only to the first four (4) deliveries (including miscarriages) of the lawful spouse or partner.
Paternity leave in the Philippines is a mandatory employment benefit granted to qualified married male employees. Under the Paternity Leave Act of 1996, eligible fathers are entitled to seven working days of paid leave for the first four deliveries of their lawful spouse. This may extend to fourteen days if the mother transfers part of her maternity leave under the Expanded Maternity Leave Law.
This guide explains eligibility rules, payment structure, SSS involvement, filing steps, and employer compliance obligations.
What Is Paternity Leave in the Philippines?
Paternity leave in the Philippines is a legally mandated benefit that allows qualified married male employees to take seven working days of paid leave for the first four deliveries of their lawful spouse. Under certain conditions, this may extend to fourteen days if the mother transfers part of her maternity leave under RA 11210.
The benefit is governed primarily by:
- Republic Act No. 8187, also known as the Paternity Leave Act of 1996
- Republic Act No. 11210, the Expanded Maternity Leave Law
Paternity Leave Philippines Summary
- Duration: 7 working days
- Extended option: Up to 14 days if mother transfers 7 days
- Paid: Yes
- Funded by employer: Yes, for the base 7 days
- SSS reimbursement: Only for transferred leave under RA 11210
- Eligibility: Legally married male employees
- Coverage: First four deliveries
- Filing deadline: Within 60 days of 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.
Can a Father Get Paternity Leave If He Isn’t Married?
Yes, but the rules are specific. This is one of the most commonly misunderstood aspects of Philippine labor law, as there are two separate laws that grant leave to new fathers.
The first is the Paternity Leave Act of 1996 (RA 8187). This law is strict and has not kept up with modern family structures. It grants seven (7) working days of leave but explicitly requires a “lawful marriage” between the employee and the child’s mother. Under this law alone, live-in partners or other fathers in long-term unmarried relationships do not qualify.
However, the newer 105-Day Expanded Maternity Leave Law (RA 11210) introduced a game-changing provision. This law allows a new mother to transfer up to seven (7) days of her paid maternity leave to the child’s father, regardless of their marital status. This is the legal path for an unmarried father to get paid leave. The mother simply needs to provide written consent to her employer to allocate the leave.
This creates real workplace challenges and opportunities. I’ve worked with companies where 30% of their male employees are unmarried fathers. These employees contribute equally, perform identically, yet can face different access to benefits if the company only follows the bare minimum.
Progressive employers are finding creative solutions to support all new parents:
- Company-Specific Parental Leave: Create a separate, inclusive parental leave benefit that doesn’t discriminate based on marital status. Label it clearly as a company benefit, not a statutory one.
- Flexible Time Arrangements: Offer work-from-home options or adjusted schedules for all new fathers to help them support their families.
- “Daddy’s Quota” Support: Proactively inform all new fathers, married or not, about the option to receive transferred leave from the mother under RA 11210 and make the paperwork simple.
If you extend benefits beyond legal requirements, your employee handbook should be clear. A simple clause can prevent confusion: “This is a company-provided benefit that exceeds statutory requirements and may be modified at management discretion.”
The goal is to support all your employees while maintaining legal compliance. Companies that understand both laws and create inclusive policies see improved retention and morale across all demographics.
Related: Employee Benefits in the Philippines You Should Know
How Long is Paternity Leave in the Philippines?
Eligible fathers are entitled to seven working days of paid leave under RA 8187.
This may extend to fourteen working days if the mother voluntarily transfers up to seven days of her maternity leave under RA 11210.
The leave must generally be used within 60 days from the child’s birth. Always confirm internal company filing requirements to avoid payroll delays.
Related: How Payroll Works in the Philippines
Is Paternity Leave Paid by SSS?
The answer depends on the type of leave:
Standard 7-Day Paternity Leave (RA 8187)
- Paid in full by the employer
- No reimbursement from SSS
Transferred Leave from the Mother (RA 11210)
- Employer advances payment
- Employer may claim reimbursement from SSS, subject to SSS rules and caps
This distinction is important for payroll planning and compliance.
Comparison Table: Paternity Leave vs Other Leave Types
| Leave Type | Number of Days | Paid | Covered By | Eligible For |
| Paternity Leave | 7 (up to 14 if extended) | Yes | Employer | Married, male employees |
| Maternity Leave | 105 | Yes | SSS + Employer | Female employees |
| Solo Parent Leave | 7 | Yes | Employer | Certified solo parents |
How to File Paternity Leave in the Philippines
Step 1: Notify Your Employer
Inform your HR department as early as possible, ideally upon confirmation of pregnancy.
Step 2: Submit Required Documents
- Marriage certificate from PSA
- Medical certificate indicating expected delivery date
- Company paternity leave form
Step 3: Confirm Leave Dates
Coordinate with your manager on the intended leave schedule.
Step 4: Submit Post-Birth Documents
Provide the child’s birth certificate for final validation.
If leave is transferred under RA 11210, the mother must provide written consent for the transfer.
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
Employer Compliance Checklist
Employers must:
- Grant seven days of paid leave to qualified married male employees
- Not deduct paternity leave from vacation or sick leave credits
- Maintain proper documentation
- Process transferred leave reimbursement through SSS when applicable
Failure to comply may expose the company to labor complaints filed with the Department of Labor and Employment.
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.
Frequently Asked Questions
Under RA 8187, only legally married male employees qualify for the statutory seven-day paternity leave.
However, under RA 11210, a mother may transfer up to seven days of her maternity leave to the child’s father, regardless of marital status. This is not considered statutory paternity leave under RA 8187, but it provides a legal pathway for unmarried fathers to receive paid 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.
RA 8187 provides that fathers should file for paternity leave within 60 days after their child is born.
Yes, it’s mandatory under Philippine law.
No, it is a separate benefit.
Not at the same time, but an employee can use solo parent leave later if eligible.
