The Paternity Leave Act of 1996 (Republic Act No. 8187) grants seven (7) days of paid leave to all legally married male employees whose wives have given birth or suffered a miscarriage. This law ensures that fathers can provide physical and emotional support to their partners during recovery, while employers remain compliant with labor standards.
In this guide, we explain the complete DOLE paternity leave guidelines — from eligibility to documentation — and how digital HR systems like GreatDay HR can help businesses manage these benefits efficiently.
Understanding RA 8187: The Paternity Leave Act
The Republic Act 8187 ensures that male employees receive paid leave after childbirth or miscarriage of their legitimate spouse.
Legal Coverage
- Applies to both private and public sector employees.
- Valid for the first four (4) deliveries or miscarriages of the legitimate spouse.
- Provides seven (7) calendar days with full pay per covered event.
- Must be availed within 60 days after delivery or miscarriage.
Eligibility Requirements
To qualify for DOLE paternity leave benefits, an employee must meet all of the following:
- Must be legally married to the woman giving birth or suffering a miscarriage.
- Must be cohabiting with the wife during childbirth or miscarriage.
- Must notify the employer of the pregnancy and expected delivery date.
- Must apply for leave within 60 days after childbirth or miscarriage.
- The entitlement covers only the first four deliveries of the legitimate spouse.
💡 Note: The law does not apply to common-law or unmarried partners.
Paternity Leave Computation and Pay
The law mandates that the seven (7) days of paternity leave be paid in full based on the employee’s basic salary rate.
Example Computation:
If an employee earns ₱20,000 per month:
- Daily rate = ₱20,000 ÷ 26 = ₱769.23
- 7 days x ₱769.23 = ₱5,384.61 total paternity leave pay
Employers must ensure this pay is granted in full, without deductions, and cannot be converted to cash if unused.
Step-by-Step Process to Avail Paternity Leave
| Step | Action | Description |
| 1. Notification | Inform HR or employer | Notify in advance of the wife’s expected delivery or miscarriage. |
| 2. Submit Documents | Provide supporting papers | Marriage certificate, medical or birth certificate, and HR leave form. |
| 3. File the Leave | Apply within 60 days | Must be filed no later than 60 days after childbirth or miscarriage. |
| 4. Employer Approval | HR verification | Once validated, the employee receives full pay during the 7-day leave. |
Extended Leave Option Under RA 11210
Under the Expanded Maternity Leave Law (RA 11210), mothers can transfer up to 7 days of their maternity leave credits to the father, extending the paternity leave period.
This benefit applies whether the father is employed in the private or public sector.
Employer Obligations Under DOLE
Employers in the Philippines are legally required to:
- Grant the full 7-day paid leave to all qualified employees.
- Avoid denial of benefit once eligibility is confirmed.
- Record leave usage properly for DOLE compliance.
- Ensure that HR policies reflect RA 8187 guidelines.
Failing to comply may lead to labor complaints and penalties.
Common Questions About Paternity Leave
| Question | Answer |
| Can unmarried fathers avail of paternity leave? | No, it is only for legally married male employees. |
| Is the leave convertible to cash? | No, paternity leave cannot be monetized. |
| Can leave be taken before childbirth? | It may be allowed if company policy permits. |
| What if the wife has a miscarriage? | The leave is still valid and may be availed within 60 days. |
| How many times can a father use paternity leave? | Up to the first four (4) deliveries or miscarriages. |
Simplify Leave and Payroll Management with GreatDay HR
Managing paternity leave and ensuring DOLE compliance can be time-consuming — especially for large organizations with multiple employees. Manual tracking may lead to missed entitlements or payroll errors.
With GreatDay HR, businesses can:
- Automate leave requests and approvals
- Track employee eligibility for government-mandated leaves
- Ensure accurate payroll computation for paid benefits
- Generate reports for DOLE audits instantly
For end-to-end HR and payroll management, explore our Managed Payroll Service.
Suggested Diagram (Mermaid)
In summary, the DOLE Paternity Leave Act (RA 8187) ensures fathers are supported during one of life’s most significant moments. By adopting tools like GreatDay HR, businesses can easily manage leave benefits, ensure compliance, and maintain accurate payroll — all in one secure platform.
