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Summary. Philippine employers must provide married male employees seven days of fully paid paternity leave under Republic Act (RA) 8187, alongside 105 days of paid maternity leave for female employees under Republic Act (RA) 11210. Paternity leave covers eligibility, cohabitation exceptions, the 60-day filing window, and required documentation, while maternity leave spans Social Security System (SSS) notification and reimbursement forms and the salary differential employers must cover. HR teams must track marital status verification, the 3-claim cap on paternity leave, and the 60-day advance notice requirement for maternity leave to avoid PHP 20,000 to PHP 200,000 in fines or six to 12 years imprisonment for non-compliance. Omni automates parental leave eligibility tracking, routes maternity and paternity leave requests through configurable approval workflows, and ties leave calculations directly into Philippine payroll processing for compliance accuracy.
As a business owner or HR expert, giving your employees the time they need during pregnancy and after childbirth is necessary for the child's physical and emotional well-being.
It also gives working mothers the time needed for recovery and fathers the time to support their recovering partners through the postpartum period.
Paternity and maternity leave in the Philippines have distinct features separating both, which we'll get into below. Along with India, Mexico, Vietnam, Argentina, Poland, and Ukraine, the Philippines is one of the only top outsourcing countries that provides 100% paid maternity leave.
Below, we break down the country's regulations governing both leave types: requirements, eligibility criteria, timing, duration, application process, and benefits. More importantly, we'll explain where you stand as an employer or HR personnel based on these regulations, so you can keep your employees' leaves compliant.
What is the Paternity Leave Act in Philippines?
Paternity leave in the Philippines is a 7-day, fully paid leave benefit under the Paternity Leave Act of 1996, governed by Republic Act (RA) 8187. Unlike maternity leave, it isn't SSS-funded, employers cover this benefit directly.
"AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES."
Accordingly, your male workers who are married fathers are entitled to seven days of paid leave for the first four deliveries with their legitimate spouses. By giving employees the chance to be there for the childbirth and postpartum period, the act is meant to strengthen the family unit and solidify family ties.
A few details worth knowing as an employer:
- Non-convertible to cash: unused paternity leave credits can't be cashed out at year-end, unlike service incentive leave.
- Non-cumulative: unused leave from one delivery doesn't carry over or add to the next.
- Employment status and pay method don't matter: regular, probationary, casual, project, seasonal, and fixed-term employees all qualify, whether they're daily-paid, monthly-paid, or on a piece-rate basis.
Note that there are no SSS paternity benefits, meaning that you, as the employer, are liable for this benefit.
What are the requirements to apply for paternity leave Philippines?
Quick answer: paternity leave in the Philippines is 7 calendar days, fully paid, per qualifying delivery, for up to 4 deliveries.
The Handbook on Workers Statutory Monetary Benefits (2022 edition) states that your employee is eligible for paternity leave benefits when he meets the following requirements:
On cohabitation: your employee doesn't need to be physically living with his spouse at all times to qualify. Circumstances like overseas work, uniformed personnel deployments, or medical quarantine still count, as long as he can show he's supporting his spouse in other ways, such as remote communication, financial support, or handling paperwork.
When can working fathers file for paternity leave?
As mentioned earlier, fathers should file for paternity leave within a reasonable period before the birth, as determined by your company or a collective bargaining agreement (except for miscarriages, which count as emergencies). This way, you can make the necessary arrangements.
As for the leave timing, it can be before, during, or after childbirth, or a combination of those. It needs to fall within 60 days of the child's birth.
For instance, your employee can schedule it so that he has one day before the due date, the day of the delivery, and five days after the birth, "to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly born child."
Can unmarried fathers take paternity leave in the Philippines?
No. RA 8187 limits paternity leave to male employees who are legally married to, and cohabiting with, the mother at the time of delivery. Unmarried fathers, including those in common-law or live-in arrangements, aren't covered by the Paternity Leave Act, even if they're named on the birth certificate.
That said, you're free to offer paternity leave (paid or unpaid) to unmarried fathers as a company benefit. It just wouldn't fall under the statutory RA 8187 entitlement, so it's worth documenting separately in your leave policy to avoid confusion during compliance checks.
How to apply for paternity leave Philippines?
First, your male employee should check his qualifications and requirements. Then, he should notify you of the pregnancy and expected due date. Afterward, he proceeds with the paperwork.
You can set additional procedures for paternity leave filing at your company and add them to your company policies. Your employees may refer to your HR team for guidance on those.
Here's the list of document requirements for male employees who have a child on the way, to present for the leave application to the HR department:
- A notice to the HR department about the pregnancy with the expected due date.
- A paternity notification form from your employer, which you must fill out to officially notify your company of your intention to take paternity leave, and which gives your employer information about you.
- A copy of your marriage certificate or other proof of marriage.
- In some cases, proof of pregnancy consisting of a photocopy of your wife's ultrasound and related medical records.
- Certified true copy or authenticated copy of the child's birth certificate.
- For additional leave days: maternity notification form and SSS Allocation of Maternity Leave Credits (explained further below).
Who is eligible for maternity leave Philippines?
To qualify for maternity leave, Philippines employees in the public sector must be pregnant women in organizations such as national government agencies, government-owned or controlled corporations, local government units, local universities and colleges, or state universities and colleges.
If they're in the private sector, they must be employees with no less than three monthly SSS contributions in the 12-month period right before the semester of the birth, miscarriage, or emergency termination of pregnancy.
Female employees can also apply for maternity leave for every pregnancy, miscarriage, or termination of pregnancy.
How long is maternity leave Philippines?
An expecting employee is entitled to 105 days of paid maternity leave. This can be extended by thirty more days, but they'll be unpaid. Single mothers are entitled to 15 extra days of paid leave.
In cases of miscarriage and emergency termination of pregnancy (like stillbirth), female employees have the right to sixty days of paid maternity leave under RA 8972.
As the employer, you can choose to provide your female workers with longer maternity leave periods.
What are the requirements for maternity leave?
To be eligible for maternity leave, Philippines employees must notify you of their pregnancy and expected delivery 60 days in advance of the requested maternity leave. They'll need to fill out the Maternity Notification Form and present you and the SSS with copies of it.
This form notifies you and the SSS of the expected delivery date and states whether they intend to allocate maternity leave credits to the baby's father or their partner.
After birth, your employee should file the Maternity Reimbursement Application Form, a formal request for reimbursement of financial support needed during maternity leave, which includes data about you and your employee. It prompts the SSS to reimburse you for the amount you paid.
Note that you're legally required to pay the salary differential (without SSS reimbursement), which is the difference between the employee's full salary and her SSS cash benefits.
Your employee must also submit supporting documents, including identification, relevant supporting medical paperwork, and delivery proof, to the closest SSS branch.
What are the SSS maternity benefits?
As an employer, you must provide eligible female employees with their leave benefits within 30 days of their request to comply with the law.
SSS members who cannot work due to childbirth, miscarriage, or emergency termination of pregnancy are entitled to daily cash allowances. These can be paid as a lump sum or through regular payroll payments.
The SSS provides these benefits to female members regardless of civil status, employment status, legitimacy of the child, or number of pregnancies.
To calculate the maternity benefit, use this formula, or use our free SSS calculator:
SSS maternity benefit = (Average monthly salary credit ÷ 180) × Number of paid leave days
Additionally, fathers or alternate caregivers (such as partners or relatives) may receive benefits under the Expanded Maternity Leave (Section Six of Republic Act 11210). A working mother can allocate part of her 105 days of paid maternity leave to her partner, giving them 14 days off (7 days of maternity leave and 7 days of paternity leave). This doesn't apply to miscarriages or emergency terminations of pregnancy.
Female national athletes in the Philippines receive additional allowances and benefits. Expecting mothers who aren't regular SSS members are still entitled to healthcare services for prenatal, delivery, postpartum, and pregnancy-related conditions.
How to apply for maternity leave Philippines?
First, your expecting employee must confirm her eligibility for maternity leave benefits. To apply, she needs to inform you of her pregnancy and expected delivery date at least 60 days in advance. She must submit the maternity notification form to you and SSS.
After giving birth, she should submit the reimbursement form and supporting documents to the nearest SSS branch. If she wants an additional 30 days of unpaid leave, she must provide written notice at least 45 days before her initial maternity leave ends.
What are the consequences of non-compliance for employers?
It's generally prohibited for employers to avoid hiring women in order to eliminate the need for providing mandatory maternity leave benefits, as this is considered discriminatory.
Based on Sec. One, Rule X, RA 11210 IRR, non-compliance could cost employers:
- PHP 20,000.00 to PHP 200,000.00 in penalties, or
- Six to 12 years in prison.
Employers will also be barred from renewing their business permits. It's important to comply with maternity and paternity leave regulations in the Philippines to avoid these legal repercussions.
Support Your Employees During Leave with Omni
Paternity and maternity leave in the Philippines are crucial benefits that support employees in achieving a healthy work-life balance. That's why it's important to have the right HR tools to manage these benefits effectively.
Read next: The HR Tools Growing Teams Need in 2025
Our all-in-one HRIS makes it possible to manage the entire end-to-end employee life cycle in one platform. Our robust time off management capabilities let HR teams streamline how they manage paternity and maternity leave in the Philippines.
With customizable leave allowances, you can set parental leave criteria based on Philippine standards, company policy, or individual eligibility, simplifying compliance efforts and standardizing benefit allocation across your team. These automated processes help HR professionals track eligibility, manage parental leave applications, and ensure proper reimbursement with ease, while giving employees the time they need to recover and return to work productive and engaged.
We also integrate seamlessly with the tools your team already uses, like Slack, so managers can receive and manage time off approvals directly within the messaging platform, cutting time-consuming steps out of leave management with a quick push of a button. With automated calculations, employees and managers can view parental leave balances in real time without needing to loop in HR.
Our employee self-service portal lets employees quickly submit maternity leave requests, automatically routed to the right managers through customizable approval workflows. Our mobile application supports on-the-go approvals and communication, so you can manage leave balances and employee benefits from anywhere.
Our localized solutions and unified system tie your paternity and maternity leave management directly into payroll processing, so calculations stay automatic, accurate, and compliant with local regulations.
Book a demo with us today to learn more about how we can transform your leave management processes, saving you time, reducing administrative burdens, and enhancing overall efficiency.
Frequently Asked Questions
Yes. Republic Act (RA) 8187 legally requires all private and public sector employers to grant seven days of fully paid paternity leave to married male employees for each of their spouse's first four deliveries.
Seven calendar days, fully paid, per qualifying delivery, up to four times. The leave can be taken before, during, or after childbirth, as long as it falls within 60 days of the birth.
No. RA 8187 only covers male employees legally married to and cohabiting with the mother at delivery. Employers can still offer it as a discretionary company benefit outside the statutory entitlement.
105 days of paid leave, extendable by 30 unpaid days, with an additional 15 paid days for solo mothers. Miscarriage or emergency termination of pregnancy qualifies for 60 days of paid leave under RA 8972.
Both. The Social Security System (SSS) reimburses the SSS-computed maternity benefit, but employers are legally required to cover the salary differential, the gap between the employee's full salary and her SSS cash benefit, out of pocket.
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