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Post by krista on Jul 29, 2021 19:58:16 GMT
One of the requirements is the marriage contract, how about those male employees who are just living together with their partner and not yet married but recognized as the legitimate father? Will he be able to enjoy paternity leave with pay?
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Post by Admin on Aug 12, 2021 9:25:41 GMT
One of the requirements is the marriage contract, how about those male employees who are just living together with their partner and not yet married but recognized as the legitimate father? Will he be able to enjoy paternity leave with pay? In accordance with Omnibus Rules Leave (Rule XVI of the Omnibus Rules Implementing Book V of EO 292)Sec. 19. Conditions for the grant of paternity leave.- leave married male employees is entitled to paternity leave of seven (7) working days for the first four (4) deliveries of his legitimate spouse with whom he is cohabiting. The first of the four deliveries shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996. Married male employee with more than one (1) legal Spouse shall be entitled to avail of paternity leave for an absolute maximum of four deliveries regardless of whichever spouse gives birth. (Provided for under CSC MC No. 41, s. 1998)Since the male employee in your example is not married to the mother of his legitimate child, he cannot avail of the paternity leave. However, the Expanded Maternity Leave Law provides: Section 6. Allocation of Maternity Leave Credits.— Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the mother taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provided, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the "Paternity Leave Act of 1996": Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above.Hence, the allocatable seven (7) days of the maternity benefits may be transferred to the male employee and used as a leave of absence following the prescribed procedure of availment and set of requirements stated in the law.
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