Solo Parent Leave

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  • R.A. 8972 is the legal basis for the solo parent leave.
  • Solo parent leave benefits are given to employees left alone with the responsibility of parenthood.
  • The benefit applies to all solo parents.
  • The benefit consists of seven (7) working days of leave credits with full pay.
  • The employee is required to obtain a Solo Parental ID from the DSWD.
  • The benefit is non-convertible to cash.

Legal basis

The legal basis is Republic Act No. 8972 (“R.A. 8972”), otherwise known as the “Solo Parents’ Welfare Act of 2000”.

Concept

Solo paternity leave benefits are leave credits extended to solo parents as defined by R.A. 8972.

Solo parent

Under the law, solo parents are any individual left alone with the responsibility of parenthood.

These include:

1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

9) Any other person who solely provides parental care and support to a child or children; and

10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

Children

The law defines children as those living with and dependent upon the solo parent for support, and who are unmarried, unemployed, and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

The benefit

The benefit consists of seven (7) working days of leave credits with full pay.

The Computation

The leave credit is equal to the basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.

Usage

The benefit is designed to grant a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

Conditions for entitlement

The following are the conditions for entitlement:

1. He/she has rendered at least one (1) year of service, whether continuous or broken;

2. He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and

3. He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.

Application

The application should be made within a reasonable period of time to give the employer an opportunity to make adjustments while the employee is on leave.

Non-convertible to cash

The benefit is not convertible to cash as the objective is for the solo parent employee to perform parental duties and responsibilities where physical presence is required.

If no long a solo parent

The benefit will be terminated if the employee loses his status as a solo parent, such as by marrying or re-marrying, adoption of the children by other persons, and similar thereto.

Flexible work schedule

Solo parent employees have the right to ask for a flexible working schedule from their employers so long as the it does not affect individual and company productivity, as well as the core work hours as defined by the employer.

Employment contract, company policies, CBA

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

References

  • Republic Act No. 8972, a.k.a. Solo Parents’ Welfare Act of 2000
  • Implementing Rules and Regulations of R.A. 8972
  • DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits