A proposed expansion of the Paternity Leave Act of 1996 (RA 8187) to include fathers of illegitimate children

• Main Author: Gamboa, Josine Alexandra S.
• Format: text
• Published: Animo Repository 2014
• Subjects: Paternity leave—Law and legislation—Philippines; Philippines. Paternity Leave Act of 1996; Labor and Employment Law
• Online Access: https://animorepository.dlsu.edu.ph/faculty_research/6181
• Institution: De La Salle University

The paper discusses RA 8187, otherwise known as the "Paternity Leave Act of 1996", and its application, particularly the limitation of its application to legally married male employees of the private sector who are cohabiting with the mother of the newly-born child. The paper compares RA 8187 to Article 133 of PD No. 422, otherwise known as the "Labor Code of the Philippines", which provides for maternity benefits and covers not only married female employees but also single female employees who have recently undergone childbirth. The paper argues for the expansion of the application of RA 8187 to single male employees of the private sector whether or not cohabiting with the mother of the newly-born child, citing RA 8972, the "Solo Parents' Welfare Act" of the Philippines, and its rationale of supporting single parents. The paper seeks to put forth a change in the emphasis of the law; to consider not only the welfare of the mother but also the welfare of the child.