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

SEVENTEENTH CONGRESS:
First Regular Session

5995

HOUSE BILL NO.

Introduced by:
Gabriela Women's Party Reps. ARLENE D. BROSAS and EMMI A. DE JESUS

EXPLANATORY NOTE

Republic Act No. 8187 otherwise known as the Paternity Leave Act was enacted in 1996
in acknowledgment of the necessary material and non-material support and assistance
of a father to a mother and child before, during and after delivery. However, the law
merely extends seven (7) days paternity leave with full pay to husband-employees, both
in the public and private sectors, for the first four (4) deliveries only of his legal spouse
with whom he is cohabiting.

These limitations are what this bill seeks to address. Through lengthening the existing
7-day paternity leave to 15 days with full pay, providing an additional 15 days leave
without pay at the option of the employee, and extending the same benefits to all
biological fathers provided they are cohabiting with their pregnant common-law spouse
and without any legal impediment to marry, the vital role of a father in child-rearing, as
well as his part as source of emotional support to the mother, are recognized.
Furthermore, this expansion of benefits is intended to give the father ample opportunity
to give support to his wife or common-law spouse and newborn child for her prompt
recovery.

Thus, the approval of this bill is earnestly sought.
Lt. fold
. BROSAS: JESUS

aiden EMMI A. DE
abriela Women's Party Gabriela Women's Party


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

SEVENTEENTH CONGRESS
First Regular Session

5995

HOUSE BILL NO.

Introduced by:
Gabriela Women's Party Reps. ARLENE D. BROSAS and EMMI A. DE JESUS

AN ACT EXTENDING THE PATERNITY LEAVE FROM SEVEN (7) TO FIFTEEN (15)
DAYS WITH FULL PAY, AMENDING FOR THE PURPOSE SECTIONS 2 AND 3 OF
REPUBLIC ACT NO. 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. Section 2 of Republic Act No. 8187, otherwise known as the “Paternity
Leave Act of 1996” is hereby amended to read as follows:

SECTION 2. Notwithstanding any law, rules, and regulations to the
contrary, every matied-male employee REGARDLESS OF HIS
EMPLOYMENT STATUS in the public and private sectors shall be
entitled to a paternity leave of seven?) FIFTEEN (15) WORKING
days with full pay for the-first four-(4}-deliveries ALL DELIVERIES of
the legitimate OR COMMON-LAW 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. AN ADDITIONAL FIFTEEN (15)
WORKING DAYS LEAVE WITHOUT PAY, MAY BE AVAILED OF BY
THE MALE EMPLOYEE, PROVIDED HE GIVES DUE NOTICE TO


HIS EMPLOYER WITHIN FIVE (5) DAYS PRIOR TO THE
EXPIRATION OF HIS ORIGINAL FIFTEEN (15) DAY PATERNITY
LEAVE.

A MALE EMPLOYEE IS CONSIDERED IN A COMMON-LAW
RELATIONSHIP IF HE AND HIS SPOUSE ARE LIVING
TOGETHER FOR AT LEAST SIX (6) MONTHS PRIOR TO THE
CHILDBIRTH OR MISCARRIAGE AND WITHOUT LEGAL
IMPEDIMENT TO MARRY EACH OTHER DURING THE PERIOD
OF THEIR COHABITATION.

For the purposes of this Act, delivery shall include childbirth or
miscarriage.

SECTION 2. Section 3 of Republic Act No. 8187 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 marded-male
employee allowing him not to report for work for sever-{7) FIFTEEN
(15) WORKING days but continues to earn the compensation
therefor, on the condition that his LEGITIMATE OR COMMON-LAW
spouse has delivered a child or suffered a miscarriage for purposes
‘of enabling him to effectively lend support to his LEGITIMATE OR
COMMON-LAW SPOUSE wife in her period of recovery and/or in
the nursing of the newly-born child.

SECTION 3. Repealing Clause. All laws, executive orders and issuances, or any part
thereof, which are inconsistent herewith are hereby repealed or amended accordinaly.

SECTION 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least one newspaper of general circulation.

Approved,