Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 512

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
PROVIDING FOR EXPANDED PATERNITY LEAVE BENEFITS,
AMENDING REPUBLIC ACT 8187, OTHERWISE KNOWN AS
THE “PATERNITY LEAVE ACT OF 1996”

EXPLANATORY NOTE

Paternity leave is the period that a father takes off work before, during, and after
the delivery in order to support his wife during the earliest stages of childrearing and the
mother’s recovery. Research suggests that fathers who take paternity leave, especially
those taking two weeks or more immediately after childbirth, are more likely to be
involved with their young children.’ Giving new fathers time off work helps evenly
distribute childcare duties and allows women to take care of their health and maintain
their careers. Beyond having positive effects for gender equality in the home and at
work, paternity leave also greatly improves maternal and infant health, and its multiple
advantages echo into the child’s adulthood.”

No international standard concerning paternity leave exists. However, the
International Labor Organization in 2009 called for governments to develop adequate
policies for a better balance of work and family responsibilities, to include paternity
and/or parental leave, with incentives for men to use them.”

* Maternity and paternity at work (Law and practice across the world). International Labor Organization, 2014.
® State of the World's Fathers: A MenCare Advocacy Publication. Save the Children (2015).
* Resolution concerning gender equality at the heart of decent work.


Republic Act 8187 of the Paternity Leave Act was enacted in 1996, granting seven
days leave with full pay to all married male employees in the private and public sectors.
Though beneficial, this law limits the vital bond between the spouses and their infants,
and the period is not enough for the husband to perform all his obligations.

This bill seeks to grant to male employees a longer paternity leave to give them a
longer time to assist their wives and care for their newborns. Thirty days is about one-
third of the total maternity leave of 105 days,

This bill also removes the limit of four deliveries in the availment of the benefit
and extends the benefit to all male employees, regardless of employment status.
Furthermore, in recognition of current social realities in which about four million of the
population are in “live-in” or common-law relationships,’ the bill proposes to make the
benefit available to a male employee who is not married to the woman who gave birth
or suffered an abortion or miscarriage, provided that they have no legal impediment to
marry each other during their cohabitation and have been living as husband and wife for
at least two years at the time of childbirth, abortion, or miscarriage.

For these reasons, passage of this bill is earnestly sought.

fe]
larty-List .
Rep. CARLOS ees T. ZARATE Rep. FERDINAND GAITE

BAYAN MUNA Party-List BAYAN MUNA Party-List

tayo Os
Rep. EUFEMIA C. CULLAMAT p. ARYENE D. BROSAS
BAYAN MUNA Party-List GABRIELA Women’s Party

“Estimate of the Philippine Commission on Women, May 2014


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 512

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
PROVIDING FOR EXPANDED PATERNITY LEAVE BENEFITS,
AMENDING REPUBLIC ACT 8187, OTHERWISE KNOWN AS
THE “PATERNITY LEAVE ACT OF 1996”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. The title of Republic Act 8187 otherwise known as “The Paternity Leave
Act of 1996” is hereby amended to read as follows:

AN ACT
GRANTING PATERNITY LEAVE OF [SEVEN (7) DAYS] THIRTY (30) DAYS WITH
FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC
SECTORS FOR [THE FIRST FOUR (4)] ALL DELIVERIES OF THE LEGITIMATE
SPOUSE WITH WHOM HE IS COHABITING OR THE WOMAN WITH WHOM HE
IS EXCLUSIVELY COHABITING WITHOUT THE BENEFIT OF MARRIAGE AND FOR
OTHER PURPOSES

SECTION 2. Section 2 of the same law is hereby further amended to read as follows:


“Section 2. PATERNITY LEAVE. — Notwithstanding any law, rules and
regulations to the contrary, every [married] male employee, REGARDLESS OF
EMPLOYMENT STATUS, MARRIED OR IN A COMMON-LAW RELATIONSHIP, in
the private and public sectors shall be entitled to a paternity leave of [seven
(7)] THIRTY (30) WORKING days with full pay for [the first four (4)] ALL
deliveries of the legitimate spouse with whom he is cohabiting OR THE
WOMAN WITH WHOM HE IS EXCLUSIVELY COHABITING WITHOUT THE
BENEFIT OF MARRIAGE. The male employee applying for paternity leave shall
notify his employer of the pregnancy of his legitimate spouse OR THE
WOMAN WITH WHOM HE IS EXCLUSIVELY COHABITING WITHOUT THE
BENEFIT OF MARRIAGE and the expected date such delivery.

“FOR PURPOSES OF THIS ACT:

1. DELIVERY SHALL INCLUDE CHILDBIRTH, ABORTION, OR ANY
MISCARRIAGE, PROVIDED THAT, THE PATERNITY LEAVE SHALL BE THIRTY
(30) WORKING DAYS IN THE CASE OF ABORTION OR MISCARRIAGE.

2. A MALE EMPLOYEE IS IN A COMMON-LAW RELATIONSHIP IF HE
AND HIS SPOUSE HAVE BEEN LIVING TOGETHER AS HUSBAND AND WIFE
WITHOUT THE BENEFIT OF MARRIAGE FOR AT LEAST TWO YEARS AT THE
TIME OF CHILDBIRTH, ABORTION, OR MISCARRIAGE, PROVIDED HOWEVER,
THAT THE MALE EMPLOYEE AND HIS PARTNER HAVE BEEN COHABITING FOR
AT LEAST ONE (1) YEAR, HAVING NO LEGAL IMPEDIMENT TO MARRY EACH
OTHER DURING THEIR COMMON-LAW RELATIONSHIP.”

SECTION 3. Section 3 is hereby amended to read as follows:

“Section 3. DEFINITION OF TERM. — For purposes of this Act, Paternity Leave
refers to the benefits granted to a [married] male employee, REGARDLESS OF
EMPLOYMENT STATUS, MARRIED OR IN A COMMON-LAW RELATIONSHIP,
allowing him not to report for work for THIRTY (30) WORKING DAYS but
continues to earn the compensation therefor, on the condition that his
legitimate spouse OR THE WOMAN WITH WHOM HE IS EXCLUSIVELY
COHABITING WITHOUT THE BENEFIT OF MARRIAGE 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 nursing of the newly-born child.”

SECTION 4. Separability Clause. If for any reason any section or provision of this Act
is declared unconstitutional, other provisions hereof which are not affected thereby
shall continue to be in full force and effect.


SECTION 5. Repealing Clause. - Any Laws, decrees, or laws, decrees, or rules and
regulations which are inconsistent with or contrary to the provisions of this Act are
hereby amended or repealed.

SECTION 6. Effectivity. This Act shall take effect fifteen (15) days from the
publication in the Official Gazette or in any newspaper of general circulation.

Approved,