Paternity Leave Philippines 2026: Rights, Pay, and How to File

Under Republic Act No. 8187 (Paternity Leave Act of 1996), married male employees in the private sector are entitled to 7 days of paid paternity leave for each of the first four deliveries of their lawful wife. In 2026, this remains an often-overlooked but fully enforceable right that every father-employee should understand.

1. Who Is Entitled?

• Male employee who is legally married (not just living-in) to the mother
• The couple must be cohabitating at the time of delivery
• Covers only the first four deliveries of the legal spouse
• Applies to both normal and caesarean deliveries, as well as miscarriage
• Available in government and private sector employment

2. Pay During Paternity Leave

The 7 days are paid at your regular daily rate. There are no deductions for SSS, PhilHealth, or Pag-IBIG on this leave pay since it is treated as a regular working day's compensation. The computation is simple:

Daily Rate × 7 Days = Total Paternity Leave Pay

3. How and When to File

1. Notify your employer as early as possible — ideally before the expected delivery date
2. Submit a written application for paternity leave to your HR department
3. Present proof of marriage (marriage certificate) and expected due date (medical certificate)
4. After delivery, submit a copy of the birth certificate to confirm the benefit was properly used

4. Leave Must Be Used Within the Delivery Period

Paternity leave must be availed within 60 days from the date of delivery of the wife. It cannot be converted to cash if unused, and it cannot be accumulated or transferred to a different delivery.

5. Common Violations to Watch For

• Employer deducting the 7 days from your existing vacation or sick leave credits — this is prohibited
• Employer denying paternity leave claiming the employee is probationary — probationary employees are also entitled
• Only giving 3–4 days instead of the full 7 — file a DOLE complaint if this happens