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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the event that the paternity leave is not availed of, it shall not be convertible to cash and shall not be cumulative.” (Paternity Leave, 2022 Handbook on Workers, Statutory Monetary Benefits)
Paternity leave is defined under the Republic Act No. 8187 or the “Paternity Leave Act of 1996” as the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for enabling him to effectively lend support to his wife in her period of recovery and/or in nursing of the newly-born child. (Section 3, R.A. No. 8187)
Paternity leave benefits shall be granted to the qualified employee after the delivery by his wife, without prejudice to an employer allowing an employee to avail of the benefit before or during the delivery; provided, that the total number of days shall not exceed seven (7) days for each delivery.
The law says:
“The married male employee shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement. In case of a miscarriage, prior application for paternity leave shall not be required.” (Application for Paternity Leave, 2022 Handbook on Worker’s Statutory Monetary Benefits)
If a qualified male employee does not avail of the benefit of paternity leave, such leave credits cannot be converted to cash.
The Revised Implementing Rules and Regulations of Republic Act No. 8187 for the Private Sector provides:
“SECTION 7. Non-commutation of benefits. — In the event that paternity leave benefit is not availed of, said leave shall not be convertible to cash.” (Section 7, IRR of R.A. No. 8187)
Further, the 2022 Handbook on Workers’ Statutory Monetary Benefits provides that:
“Non-conversion to Cash
In the event that the paternity leave is not availed of, it shall not be convertible to cash and shall not be cumulative.” (2022 Handbook on Workers’ Statutory Monetary Benefits)
Related article: What is the grant of paternity leave benefits?
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