Every married male employee in the private and public sectors are entitled to a paternity leave of seven calendar days with full pay for the first four deliveries of the legitimate spouse with whom he is cohabiting.[1] Cohabiting refers to the obligation of the husband and wife to live together, including situations where the spouses do not physically leave together because of the male employee’s workstation or occupation.[2]

The male employee applying for paternity leave is required to notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.[3]

Paternity leave benefit may be used after the delivery or miscarriage unless the employer has a policy on availing it before or during delivery.[4]

A paternity leave benefit is not convertible to cash if not availed.[5] The purpose of the leave is for the male employee to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.[6]

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[1] Id at 121; R.A. 8187 (Paternity Leave Act of 1996), Section 2.

[2] Id at 121.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] R.A. 8187 (Paternity Leave Act of 1996), Section 3.