Paternity Leave Philippines: RA 8187 Rules, Pay & Requirements

Paternity leave in the Philippines is seven working days with full pay for a qualified married male employee whose lawful spouse gives birth or suffers a miscarriage. Republic Act No. 8187 covers the first four deliveries of the lawful spouse with whom the employee is cohabiting. In the private sector, leave may be used before, during, or after delivery, but must be used no later than 60 days after it. Republic Act No. 8187, Sections 2-3; private-sector IRR, Sections 2-6.

The practical first step is to notify HR or the employer in writing once the pregnancy is known, state the expected delivery date, and keep a copy. Separately, a mother entitled to maternity leave under the Expanded Maternity Leave Law may allocate up to seven additional days to the child’s father. That allocated leave is over and above RA 8187. See also: Maternity Leave in the Philippines: 105-Day Leave, SSS Benefit and Employer Pay Guide.

Paternity Leave Eligibility at a Glance

Question	Direct answer
Who is covered?	A married male employee in the private or public sector, subject to the statute and the applicable implementing rules.
How long is the leave?	Seven working days with full pay for each covered delivery.
Does it cover miscarriage?	Yes. RA 8187 includes miscarriage within “delivery.”
Is it only for regular employees?	No. Employment status alone does not remove the benefit where an employer-employee relationship and the other legal conditions exist.
Is marriage required?	Yes for the RA 8187 benefit. The statute refers to a married male employee and a legitimate spouse.
Can unused leave be converted to cash?	No. It is non-cumulative and non-convertible to cash.

Table authorities: RA 8187, Sections 2-3 and 6; private-sector IRR, Sections 1-7.

Direct Answer

Qualified married male employees are generally entitled to seven working days of paternity leave with full pay under Republic Act No. 8187, subject to the law’s coverage, delivery limits and notice requirements.

Key Takeaways

The statutory benefit is seven working days with full pay for qualified covered employees.
Coverage is tied to the lawful spouse and the first four deliveries, including miscarriage where the law applies.
Employees should preserve notice, proof of relationship, delivery or miscarriage records and employer communications if leave is denied.

Decision Snapshot

The key questions are whether the employee and spouse meet RA 8187 coverage, whether the event is within the covered deliveries, whether notice and documentation requirements were satisfied, and whether the leave was used within the allowed period.

What Is Republic Act No. 8187?

Republic Act No. 8187, known as the Paternity Leave Act of 1996, gives a qualified married male employee time away from work with pay to support his wife during recovery and to help care for a newborn child. It covers private- and public-sector employees, but the detailed process is governed by different implementing rules. RA 8187, Sections 1-4.

It is distinct from the mother’s maternity leave, any maternity-leave credits she allocates to the father under RA 11210, solo-parent leave, and a more favorable company policy or collective bargaining agreement. These benefits have different conditions and may coexist.

Who Is Eligible for Paternity Leave Under RA 8187?

For a private-sector employee, eligibility requires the following:

Employment at the time of delivery. The private-sector IRR defines an employee as a person performing services for compensation where an employer-employee relationship exists. IRR, Section 1(b).
Legal marriage to the mother. “Spouse” means the lawful wife, or a woman legally married to the employee. IRR, Section 1(d).
Cohabitation with the spouse. RA 8187 refers to the legitimate spouse with whom the employee is cohabiting. The DOLE handbook explains that an employee separated from the spouse because of the workstation or occupation may still be entitled. RA 8187, Section 2; DOLE Handbook, p. 41.
Reasonable notice to the employer. The employee should notify the employer of the pregnancy and expected delivery date. The private-sector IRR does not require prior notice in a miscarriage or abortion case. IRR, Section 4.
A covered delivery among the first four. The cap is measured by deliveries, not by the number of children born in one delivery. RA 8187, Section 2.

Can contractual and probationary employees avail?

Yes, provided they are employees and meet the other statutory requirements. DOLE’s Workers’ Statutory Monetary Benefits Handbook states that the benefit applies regardless of employment status, including probationary, regular, contractual, and project-based employment. DOLE Handbook, pp. 40-41.

This does not automatically include a genuinely independent contractor. The actual employer-employee relationship matters. For the legal distinction, read Employee vs. Independent Contractor in the Philippines.

Can an unmarried father use RA 8187?

Not under RA 8187 itself. The law is specifically written for a married male employee and a legitimate spouse. However, the mother may allocate up to seven days of maternity-leave credits to the child’s father under RA 11210, whether or not they are married, if the separate requirements are met. RA 11210, Section 6; RA 11210 IRR, Rule VIII.

Is Paternity Leave Seven Calendar Days or Seven Working Days?

For private-sector employees, the implementing rules state that paternity leave consists of seven working days with full pay. Current Civil Service Commission rules also provide government employees seven working days with full pay. Private-sector IRR, Sections 1, 2 and 6; CSC MC No. 05, s. 2021, Section 19.

For example, where an employee normally works Monday through Friday, seven working days ordinarily means seven scheduled workdays rather than seven consecutive calendar dates. Confirm the scheduling against the work pattern, company policy, and any applicable CBA.

When Can Paternity Leave Be Used?

A qualified private-sector employee may take the leave before, during, or after delivery. The total cannot exceed seven working days for that delivery and must be used no later than 60 days after delivery. Private-sector IRR, Section 5.

For government employees, leave may be continuous or intermittent on days immediately before, during, and after delivery, but not later than the spouse’s maternity-leave period. CSC MC No. 05, s. 2021, Section 19.

How Much Is Paternity Leave Pay?

A qualified private-sector employee receives seven working days of leave with pay consisting of basic salary, allowances, and other monetary benefits. Private-sector IRR, Section 6.

Practical payroll check: applicable paid workday amount × 7 working days. The exact payroll treatment can depend on whether the worker is monthly-paid, daily-paid, or covered by a CBA or company policy that is more favorable. A lesser company policy cannot reduce the statutory minimum. Existing superior benefits remain protected. RA 8187, Section 6.

Unused statutory paternity leave does not accumulate and is not convertible to cash. Private-sector IRR, Section 7.

Paternity Leave for Miscarriage

RA 8187 expressly includes miscarriage in the definition of delivery. The private-sector IRR also refers to miscarriage or abortion. A qualified employee should notify the employer as soon as reasonably possible and preserve the medical record required by the employer’s lawful process. Prior notice is not required under the private-sector IRR in a miscarriage or abortion case. RA 8187, Section 2; Private-sector IRR, Sections 3-4.

The mother’s leave after miscarriage or emergency termination of pregnancy is governed separately by RA 11210. Maternity-leave credits cannot be allocated to the father in those cases. RA 11210 IRR, Rule VIII.

How to Apply for Paternity Leave

Private-sector employee checklist

Notify HR or the immediate supervisor in writing once you learn of the pregnancy.
State the expected delivery date and intended leave dates, if known.
Submit the employer’s paternity notification or leave form, if one is used.
Provide a marriage certificate or other proof of marriage if required.
After childbirth, provide the child’s birth certificate when reasonably available. In a miscarriage case, submit the required death or medical certificate signed by the attending physician or midwife showing the actual date.
Keep copies of the request, proof of submission, approval or denial, leave dates, and payslip.

Authority: Private-sector IRR, Section 4.

Subject: Paternity Leave Request Under RA 8187
I am notifying the company that my lawful spouse is pregnant, with an expected delivery date of [date]. I request paternity leave under Republic Act No. 8187 for [inclusive working dates], subject to the delivery date and the company’s leave process. Attached is my proof of marriage. Please confirm receipt and the next documentary requirements.

Government employee checklist

Government employees should use the applicable Civil Service leave form and file within a reasonable period, such as one week before the expected delivery where feasible. The CSC rules allow the office to require proof such as a marriage certificate, birth certificate, or medical certificate with pathology report in a miscarriage case. CSC MC No. 05, s. 2021, Section 19.

Can the Father Receive an Additional Seven Days?

Possibly. A qualified mother under RA 11210 may allocate up to seven days of maternity leave to the child’s father, whether or not they are married. This is over and above the seven-day RA 8187 benefit. A father eligible for both may therefore have up to 14 days of paid leave after live childbirth, subject to the separate requirements and notices. RA 11210, Section 6; RA 11210 IRR, Rule VIII.

Allocation is not automatic. The mother must elect it and notify the relevant employers. The allocated leave may be continuous or intermittent but cannot be used later than the mother’s maternity-leave period.

What If an Employer Refuses Paternity Leave?

Make or renew the request in writing, attach the available documents, cite RA 8187, and ask the employer to state the exact factual or document requirement it believes has not been met. Preserve the request, employer correspondence, marriage proof, birth or medical record, work schedule, payslip, company leave policy, and CBA if any.

A private-sector employee may seek assistance from DOLE or legal advice on the proper remedy and forum, which can depend on the facts, amount involved, employment status, and any grievance procedure. For a starting point, see NLRC vs. DOLE: Which Agency Should You File With?.

RA 8187 provides penalties for violations, including a fine of up to PHP 25,000 or imprisonment of 30 days to six months. Whether a violation occurred and who may be liable depend on evidence and due process. RA 8187, Section 5.

Common Paternity Leave Scenarios

Scenario	Practical consequence	Next step
Probationary employee whose wife will give birth	Status alone does not remove coverage if the RA 8187 conditions are met.	File written notice and retain proof of employment and marriage.
Unmarried father	RA 8187 does not supply the statutory seven-day benefit, but RA 11210 allocation may be possible.	Ask whether the mother will allocate maternity-leave credits.
Miscarriage	It is within RA 8187’s definition of delivery; prior notification is not required by the private IRR.	Notify HR promptly and submit required medical proof.
Twins or multiple babies	The benefit is measured per delivery, not per child.	Request the seven working days for that delivery.
Company grants only five days	A lesser policy cannot reduce the statutory benefit.	Request written correction and cite RA 8187.

Table authorities: RA 8187, Sections 2 and 6; private-sector IRR; RA 11210 IRR, Rule VIII.

Compare other statutory leaves: Paternity leave sits alongside maternity, solo-parent, VAWC and special leave for women. See the complete Leave Benefits Philippines hub for the differences in eligibility, duration and pay.

Frequently Asked Questions

Is paternity leave paid in the Philippines?

Yes. A qualified employee receives seven working days with full pay under RA 8187 and its implementing rules. Private-sector IRR, Section 6.

How many times can paternity leave be used?

RA 8187 applies to the first four deliveries of the employee’s lawful spouse with whom he is cohabiting. RA 8187, Section 2.

Can paternity leave be used before childbirth?

Yes, for private-sector employees, subject to the seven-working-day total and the 60-day post-delivery deadline. Private-sector IRR, Section 5.

Can a company grant more than seven days?

Yes. A company policy, contract, or CBA may provide more favorable paternity leave. RA 8187 does not reduce existing superior benefits. RA 8187, Section 6.

Key Takeaway

RA 8187 gives a qualified married male employee seven working days of paid paternity leave for each of the first four covered deliveries of his lawful spouse. Notify the employer early, follow the applicable leave process, retain the documents that prove the request and delivery, and separately check whether RA 11210 maternity-leave credits may be allocated.

Sources and Legal Citations

Primary law: Republic Act No. 8187 – Paternity Leave Act of 1996.
Private-sector implementation: Implementing Rules and Regulations of RA 8187 for the Private Sector.
Government-sector implementation: CSC Memorandum Circular No. 05, s. 2021.
Related maternity benefit: RA 11210 and its implementing rules.
Agency reference: DOLE Handbook on Workers’ Statutory Monetary Benefits, pp. 40-41.

Last materially reviewed: August 14, 2026. Legal sources rechecked: August 14, 2026.

This guide is for general legal information and is not legal advice. Employment outcomes can depend on the employment relationship, documents, workplace policy, collective bargaining agreement, and the specific facts of the request or dispute.