paternity leave

hi guys, may I ask from the good attorneys here the process how to apply for a paternity leave. how many days is the paternity leave? thank you and hoping for your reply

Paternity leave under our law is 7 days. There is, however, no specific procedure on how to avail of this leave benefit since companies have their own internal leave procedure. But first you need to make sure that you are qualified to avail of this statutory benefit. FYI the basic requirement is that you need to be married and your wife is or has given birth.

Hope this helps.

sir why is it that in maternity leave, the mother need not be lawfully married to avail of the benefit? parang unfair yata sa mga guys who want to avail of the paternity leave benefit

To my mind, the underlying reason behind the marriage requirement of paternity benefits is: the law does not sanction/condone common law relationships. Thus, the premium is given only to those who are legally married.

I'm not quite sure though why the law allows unmarried mothers to avail of the maternity leave benefits.

sir fbsensei is correct. but I may also add that even if there is a miscarriage, the husband is also entitled to paternity leave benefit.

Paternity Leave under RA 8187 Grants 7 working days of paternity leave with full pay to married male employees in the private and public sectors. (Sec. 1(a), RA 8187 IRR)

The Conditions to entitlement are as follows
a. The claimant, a married male employee, is employed at the time of delivery of his child
b. He is cohabiting with his spouse at the time she gives birth or suffers a miscarriage
c. He has applied for paternity leave
d. His wife has given birth or suffered a miscarriage

thank you guys. God bless