Am I entitled to paternity leave?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Yes. Under RA 8187 (Paternity Leave Act of 1996), a married male employee is entitled to seven (7) days of paternity leave with full pay for each of the first four (4) deliveries of his lawful wife with whom he is cohabiting, covering childbirth or miscarriage. Separately, under the Expanded Maternity Leave Law (RA 11210), a mother may allocate up to 7 days of her 105-day maternity leave to the child's father, which can be availed on top of, or independent of, the RA 8187 benefit.
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Frequently asked
Does paternity leave apply to unmarried fathers?
RA 8187 as written requires a lawful marriage and cohabitation with the wife. An unmarried father is not covered by RA 8187, but he may still receive up to 7 days if the mother allocates part of her maternity leave to him under RA 11210, and solo-parent leave may apply under RA 11861 if he qualifies as a solo parent.
How many times can I claim it?
RA 8187 covers the first four (4) deliveries or miscarriages of the lawful wife. It must be availed within a reasonable period around the delivery, not saved up or converted to cash if unused.
Is it with full pay?
Yes. RA 8187 paternity leave is with full pay, consisting of basic salary plus the mandatory allowances for the seven days, and it is an employer-paid benefit.
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Boses ng kumakayod — your everyday rights as a Filipino worker on pay and dismissal: when your final/back pay must be released (DOLE Labor Advisory 06-20 — within 30 days of separation), 13th-month pay (PD 851 — 1/12 of your basic salary, on or before December 24), legal vs illegal salary deductions, unpaid wages and overtime, the twin-notice due-process rule before you can be dismissed, just causes vs authorized causes, separation pay, your Certificate of Employment (within 3 days of request), resignation notice, the regional minimum wage set by your RTWPB, and how to file with DOLE (SEnA conciliation first) or the NLRC.