Parental Leave for Solo Parents (RA 8972)

Single parents may be alone in raising their children, but Philippine Labor law provides some relief for them in the Parental Leave for Solo Parents Act.

“Parental leave” under this law refers to leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

Who may avail of this benefit:

Any solo parent or individual who is left alone with the responsibility of parenthood due to:

1.  Giving birth as a result of rape or, as used by the law, other
crimes against chastity;
2.  Death of spouse;
3.  Spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year;
4.  Physical and/or mental incapacity of spouse as certified by a
public medical practitioner;
5.  Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she is entrusted with the custody of the children;
6.  Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided, that he/she is entrusted with the custody of the children;
7.  Abandonment of spouse for at least one (1) year;
8.  Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution;
9.  Any other person who solely provides parental care and support to a child or children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and
10.  Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.
 
The Parental Leave Benefit:  The parental leave is an additional benefit which  shall be for seven (7) working days every year, with full pay, consisting of basic salary and mandatory allowances. 
 
Conditions for Entitlement

 
A solo parent employee shall be entitled to the parental leave under the following conditions: 
 
1.   He/she has rendered at least one (1) year of service, whether continuous or broken;
2.   He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
3.   He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
 
Other important notes:
  •  This benefit is not convertible to cash if not availed of by the employee.
  •  Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under RA 8972.
  • A change in the status or circumstance of the parent claiming the benefit under the law, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for this benefit.
 
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79 thoughts on “Parental Leave for Solo Parents (RA 8972)

  1. Sherobim ******

    Good afternoon,
    Just would like to inquire what if our resigning employee will going to avail his parental leave,can we pro rate the 7 days if his last day is on Feb 2011.
    He has been 5 years in the company and this is his first time to avail such leave.

    Thank you and more power!

    1. Attorney Post author

      Sherobim:
      I’m not sure what you mean about prorating the paternity leave. But if you mean giving him less than 7 calendar days of paternity leave, I’m afraid that the law does not have any provision allowing a deduction of the number of days. The number of days constituting the paternity leave is not “earned” like the vacation leave or sick leave credits. I hope this helps.

  2. Rommel Ocampo

    Can the Parental Leave be availed like a vacation leave? Even when there is no proof that his/her physical presence is required?

    1. Attorney Post author

      Rommel:
      Strictly speaking, NO. The law gives this benefit to solo parents to enable him/her to perform parental duties and responsibilities where physical presence is required.

  3. a alcontin

    hello. my officemates and I have an issue with our current company. our company wants to make the solo parent leave, as one of the disqualifiers from getting our monthly incentives; claiming that since incentives are company intiatives, they could put in their criteria to avail said benefit.
    is this not considered a “work discrimination” against solo parents?

    1. Atty. Post author

      A Alcontin: Yes, it does sound like a violation of the parental leave act for being discriminatory against solo parents. You may raise it first with the HR department and see what happens.

  4. leah yari santos

    Dear Attorney,

    can a husband who was abandoned by his wife for almost four years from the time the solo parent leave law was approved can avail of the said benefit even if his children lives/stays with his wife? However, they (husband & wife) agreed that the children will be with their father every weekend. Moreso, the husband is the one who pays the tuition fees and buys all needed things for their education. He also provides them a sack of rice, etc.
    can he avail of this leave since as by definition of parental leave – for a parent to perform parental duties and responsibilities where physical presence is required.

    1. Atty. Post author

      Leah:

      The parental leave act applies only to the solo parent who has sole
      custody of the children. The occasional weekend visits, in my opinion,
      will not make him qualified for the solo parent act. The purpose of the
      leave,however, must be read together with the other provisions of the law,
      which require that the solo parent have sole custody over the children.
      Moreover, to avail of the benefits of this law, the parent will have to obtain a solo
      parent identification card from the social and welfare department in the
      city or municipality hall.

      I hope this answers your questions.

    2. Webmaster Post author

      Leah,
      A reply was sent to your email address but it bounced. Kindly provide another email address.

  5. A. Alcontin

    good day po.
    i am aila, working in a bpo company where they give company inititated bonuses and the director of our operations team is considering to make the solo parent leave as one of the disqualifiers for the said incentive. (it could be as much as 25k forfeited if we use that privilege.)
    question: could that be considered a “discrimination” against solo parents? they made paternity leave, maternity leave and leave of absence as disqualifiers since they are leaves for a minimum of 2 weeks to 2 months.
    thanks for the advise. :)

  6. a alcontin

    sorry, i wasnt able to see your reply until i sent another comment. thank you for the advise! will get in contact with HR dept.
    and is it ok, atty, if i will drop your name? thanks again! :)

    1. Atty. Post author

      A Alcontin: That’s sweet of you, but better than mentioning my name, you might want to write your employer about their policy and attach a copy of the law (RA 8972) for them to consider. :-)

  7. Junior *****

    does this apply also to government employees?

    1. Atty. Post author

      Junior : I’m not sure if I have already replied to this query, but yes, this applies to government employees as the law does not mention any such exemption.

  8. mary

    dear atty,

    hi good day! im working with bpo…have been a solo parent since 2008..have been using my solo parent leaves for the past two years and now our company changed policies regarding solo parent leaves and it has been added on top of our earned vacation leaves (due to a global change in the company accdg to them)…its no longer auto approved; based on availability of leaves within that day; and ive been reviewing the law, it doesn’t actually state it there..is it a violation or what?

    1. Atty. Post author

      Mary: While employees are entitled to certain leaves under the law, the employer still has a right to approve when these may be used, taking into consideration the needs of the business. I hope this clarifies the matter.

      1. mary

        atty good day..also the solo parent leaves cannot be used for emergencies anymore..examples are when the kid gets sick even if not he’s not confined at the hospital, like for home confinement..the company would even ask “wouldn’t there be anyone who could look after your child?” for christ’s sake! they aren’t considerate enough..i’m a mom..

      2. Atty. Post author

        Mary: I think that the employer may be allowed to require prior notice of the availment of the leave so as not to disrupt the work flow in the office. Most offices offer a portion of the sick or vacation leave as emergency leave, you might want to check if your company has that and use that instead. But I agree with you, there should be some flexibility in the case of single moms! I’m a single mom, too!

  9. alejandro

    Hello Attorney,

    I would like to inquire in behalf of my cousin whom I consider is eligible for a solo parent leave. She is mother of three children, separated from her husband but has not yet filled it in court. She alone is taking the cudgels of raising their children. Her husband has not provided any support in raising their children. Does her situation make her eligible for RA 8972? In addition, she informed us that since her current employment is a BPO, that her company does not have solo parent leave . She was informed that every call center has different leave policies. Based on my understanding RA 8972 is mandatory and not compulsary . Is this in violation of the parental leave act ? Please advice. thank you

    1. Atty. Post author

      Alejandro:
      Yes, your cousin is entitled to the parental leave for solo parents. To avail of the benefit, she must:
      1) have rendered at least 1 year of service with the employer, whether continuous or broken;
      2) notify the employer ahead of time about the availment
      3) present a solo parent ID card, obtained from the DSWD.

      BPOs are not exempt from complying with this law, but if the company already has an existing policy that provides a similar benefit to its employees, such as additional vacation leave for single parents, then the company is deemed to have complied.

      I hope this helps. Your cousin is blessed to have someone like you look out for her.

  10. emy

    gud day po atty., ask ko lang po at wat age po ng anak pwedeng ma e avail ang parental leave for solo parents?

    1. Atty. Post author

      Emy: The child has to be 18 years and younger for the parent to be entitled to the leave for solo parents.

  11. sandra

    i seek an advice to dole about the leave bec my employer said that im not entitle to this leave since my 15VL na kmi (each employee here get 15VL), after 15days of waiting finally they send me a letter (to have proof to my employer and stated that the single parent is entitled for the 7 days leave since we dnt have same benefits like parental leave). I forwarded my letter to HR but till now wala pa feedback sabi they already coordinate this to their lawyer to talk dole, after 2mnths (since i forwarded my email) nag follow up po ako, ang sabi they coordinated again to “another lawyer” feeling ko lang wala po sila gingwa bat di nila ako direct to the point. I dnt know kung pinapatagal pa nila to. Ayoko naman po muna sumbong sa DOLE hanggang kaya pagusapan. What will I do? Do I need to go DOle na ba? Thanks

    1. Atty. Post author

      Sandra: Of course, settling the issue amicably and out of court should always be your first step before resorting to court action. I suggest that you ask them again regarding this matter and consult with the DOLE regarding the next steps after they sent your employer that letter confirming your entitlement to the parental leave for solo parents. By law, the DOLE is authorized to check whether an employer complies with existing labor standards, including the law on parental leave for solo parents.

  12. sandra

    ako po yun nag send ng letter sa hr galing sa dole, kaso po 2mnths na po ako follow up but stil ala feedback ang last po eh they “consult with another lawyer”.. what do they mean by that..Just wondering why they need anotehr lawyer again to consult to dole? di pa po ba clear from letter from dole and my all research.. as per agreed din habang wala pa feedback, i will use my vl as parental leave muna and if meron na and confirm babalik nila (halos maubos na po vacation leave ko) kaso lalo lan nya pinapatagal.. mag 6mnths na din po ako since masabi ko sa knla to about parental leave, 2mnths naman po since maforward ko sa knla yun letter from DOLE, kaso if il go to dole nga po.. for sure complain na din an papafil up sakin. i want to settle this as long as im not compalining to dole. kaso lalo lang nila pinatatagal.

    1. Atty. Post author

      Sandra: I understand how you prefer to settle this matter out of the labor court, which is what I normally advise people to do. In which case, I suggest that you write your employer again about this matter and send a copy of your letter attaching the DOLE letter to the DOLE as well so the Dept of Labor is aware of the status in your office. After all, they did issue you that letter clarifying the issue. I hope this helps.

  13. Billie

    Atty,

    Is the ID really required before we are entitled to such right? I was not aware of this law just until now. Solo parent po ako,gusto ko po sana i-avail ito with my recent leave/absent kase nagkasakit ang anak ko and walang mag-aalaga sa kanya.

    1. Atty. Post author

      Billie: Yes, the ID is required before you can avail of the benefits under the Solo Parents Law.

  14. reg's

    Hi Attorney,

    Is it legal to take the 7 day Parental Leave for Solo Parents as well as the Emergency Leave/Bereavement Leave credits against Vacation Leave credits?

    I have just learned thru your very informative website that parental leave is an “additional benefit” which shall be for seven (7) working days every year, with full pay, consisting of basic salary and mandatory allowances.

    Please clarify. Your immediate response would greatly be appreciated.

    Thank you.

    1. Atty. Post author

      Reg: The Labor Dept’s handbook states that “if there is an existing or similar benefit under a company policy or a collective bargaining agreement, the same shall be credited as the Parental Leave for Solo Parents.” Furthermore, ” emergency or contingency leave under a company policy or CBA shall not be credited as compliance with the parental leave (law)”. I suggest that you show your employer a copy of the law to enlighten management about its proper implementation.

  15. Bhenie

    Hi Atty. I am a single mother to a 2 year old child and I just have some clarifications on the 7day Solo Parent Leave grant since I have a solo parent ID since 2009 and was able to use the said leaves without problems on my previous company.
    I just turned a year and a month tenured to my current company and I have been told by my Manager that the usage of SPL’s is subject for approval so I expressed my intention as early as now, to use my SPL’s on New Year’s Eve. Is that correct that the company may deny such requests especially on occasions wherein you are supposedly celebrating with your child? Knowing the fact that it is only a nanny that’s left at home by the time that I am working. And surely on Christmas and New Year, the nanny will also be gone to celebrate with her own family. Thank you so much for your prompt response.

    1. Atty. Post author

      Bhenie: It is my opinion that the date of availment of the solo parent’s leave is still subject to the approval of the employer, just as vacation and sick leave credits are bound by specific internal rules.

  16. CDB

    I am married however my husband is working abroad am I entitled to this as well?

    1. Atty. Post author

      CDB: Your situation does not seem to fall under the specific definitions of a “solo parent” for you to be entitled to the parental leave for solo parents. Not unless you have been abandoned for at least a year.

  17. Agnes

    Hi, Atty. The IRR of the solo parent law regarding leaves states that “If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail.” Does this mean that if the company is already giving the 15 days VL to its employees, the parental leave is automatically integrated in the said 15days VL? or can the employee demand for an additional 7-day leave as parental leave (meaning on top of the existing 15days VL given by the company)? Kindly advise. Thanks!

    1. Atty. Post author

      Agnes: Vacation leave benefits may not necessarily be similar to the parental leave granted to solo parents. It is my opinion that the IRR is referring to company policies or CBA provisions which MAY already have given out a special leave for solo parents. If the 15 day VL is enjoyed by ALL employees, solo parents or not, then I will assume that it is not the parental leave contemplated by law; otherwise, it will result in a diminution or reduction of benefits. The implementing rules seek to avoid a duplication of the same benefit.

  18. Agnes

    Hi Atty.! thank you so much for your clarification!

  19. joyce

    I would like to ask as I further read the scope of this law, on the section where it says “Parental leave” under this law refers to leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.Does this include child’s birthday? Because recently in my company, one of the approving managers told me that a child’s birthday is not included as part of the parental duties. I just want to get some clarification on that, Thanks a lot for the response.

    1. Atty. Post author

      Joyce: The rules do not specify the instances for availing of the parental leave. But considering the intention of the law to help solo parents balance family obligations and work, a reasonable application of the law should be made. Given the various occasions that a solo parent may encounter, I would like to think that going on leave due to a child’s birthday would not strictly fall under parental duties. But then, granting the leave application is a prerogative of the employer. Unless it would affect the operations of the company, I see no reason why you cannot persuade them to approve it using your vacation leave credits.

  20. Kathleen

    My hiring date is June10, 2010. During my first weeks, I also passed a photocopy of my solo parent ID.

    Anyhow, my anniv date is June 10, 2011. I wasn’t able to pass my ID before June 10, 2011 because I thought I still need to renew it since it is only valid until July 2011. I was only able to pass it 1st week of August since it took 2 weeks for DSWD to renew my ID. The company only provided me with 2.5 days for my solo parent leaves for the rest of 2011. They pro-rated it from the time of passing of my ID.

    I have 2 questions…
    1. August is not so far from the anniv of my hiring date right? I still gave an ample time to show intention of availment?
    2. Do they have the right to really pro-rate such leave?

    1. Atty. Post author

      Kathleen: The provisions of the Solo Parent Law do not mention that the benefit may be prorated. Its wordings leave out any doubt that it is for seven working days every year. All that the law requires is for the employee to have rendered at least one year of service, to notify the employer within a reasonable time of the availment of the leave and the presentation of the ID. I think you may have to ask them to clarify their basis for pro-rating it. The implementing rules also state the legal principle that any doubt in the implementation of the provisions will be construed in favor of the employee. Pro-rating the leave is not favorable to the solo parent employee concerned, as in fact, a diminution of the benefit mandated by law. I hope this helps.

  21. Rolghie

    Hi Atty! I would like to ask something regarding Section 8 of R.A. 8972, our company is giving 15 days sick leave and 15 days vacation leave in a year, this is way more than the 5 days SIL required by law (correct me if I’m wrong). Now, do we still have to give additional 7 day parental leave? Considering our company is giving leave more than the required by law.

    1. Atty. Post author

      Rolghie: Yes, your company will still have to give the 7 day parental leave as a separate benefit because the vacation and sick leave benefits are not considered as the equivalent of the parental leave. VL and SL are generally granted to all regular employees regardless of their civil status while the parental leave is exclusively for solo parents, who must comply with certain conditions to avail of the benefit. To consider the VL and SL as inclusive of the parental leave will result in a diminution of benefits for the solo parent, which is not allowed under the law granting the solo parent leave. I hope this helps.

  22. Robust ********

    Hi Atty.! one of our employee is a father of 3 children and he wants to apply for his last child a paternity leave, no legal marriage. he has no ID from DSWD. the employee is asking if he is entitled for a 7 days parental leave even if he applies for the ID after the last child is already born? thanks

    1. Atty. Post author

      Robust: If your employee is asking for the paternity leave benefit, he must be married to the mother of the child. If he wishes to avail of the solo parent’s leave, then he needs a DSWD ID for it. In the case of the DSWD ID, he must show that he is charged with the sole responsibility of caring for the illegitimate child. I doubt if he qualifies for both in this scenario. But there is nothing in the law which will prevent the employer from granting a similar paternity leave for illegitimate fathers. The law on paternity leave is a minimum benefit provided by law– the employer can increase its coverage through a company policy or individual agreement to include an illegitimate father or increase the number of days from 7 calendar days to 10, if it wishes to do so. I hope this helps.

  23. yet

    Atty, I was out of the company this year july but since 2008 i was been abandoned .I had full responsibility of my two kids 7 and 3 can i avail this leave, coz ive asking before sa office wla daw po..thanks

    1. Atty. Post author

      Yet: To avail of the parental leave, you need to qualify and obtain a solo parents ID from the DSWD and show it to your employer. But since you are no longer employed with them, I think that the best thing to do is to make sure that you show the valid ID to your next employer and ask about the company policy on the availment of the solo parents leave. The ID is valid for one year and you need to obtain a new one to avail of the leave every year.

  24. yet

    Actually i was been terminated. But I always ask my employer before, they said company doesnt have that policy..Do i have the right to claimed for that.? I file a case against them can I ask this also ..? on of my prayer to avail the single parent leave? thanks

    1. Atty/ Post author

      Yet: If you were able to produce the solo parents ID and were still refused the solo parental leave, then you may complain against your previous employer. There are specific requirements for the availment of the leave, and the production of the ID is one of them.

  25. Tere B*******

    thanks for this service!

  26. cat

    Hi Atty,
    I just renewed my Solo Parent card this September, I already notified my employer about this. It is already October, will the 7 days expire in December and I get another 7 days between January – December of 2012?

    Please advise. :-)

    1. Atty. Post author

      Cat: You are entitled to the parental leave every year. If you have already exhausted or availed of it this year, then you’ll have to wait next year to avail of it. If you’re availing of the leave for the first time this year, then you may avail of the leave next year.

  27. DENNIS

    Hi Atty;

    I just applied for SPL for december and my supervisor said that it still subject for approval, it can be granted or i can only consume a certain number of days but she cannot give me the full 7 days some of it will be forfeited.Today she just allowed me to have 1 day She also said that it doesnt states or necessary mean that its a MUST and still subject for approval and can be forfeited. Please let me enlightened. is it possible that they can only provide a certain number of days and they have the right to declined my request for 7 days? She said it just because of the thin staffing and they need me to be on duty, i am working in a BPO company.

    1. Atty. Post author

      Dennis: Under the rules of the solo parent welfare act, if the said leave were denied an employee as a result of non-compliance by the employer, the leave may be used as basis for the computation of damages. You may have to negotiate for its use on various dates to accommodate the employer’s concerns about thin staffing. Next time, try to spread out the solo parent leave throughout the year instead of using them all at once, out of consideration of the business of your employer. I’m sure you know how it is in your line of work.

      1. dennis

        thank you very much atty it helps me a lot to understand the law under this provisions

  28. Lea C.

    Hi Atty.

    Just want to ask the following:

    A. Are the solo parent leave credits considered in the computation of the 13th month pay?

    B. If the solo parent ID is expired, can employer disapprove the solo parent leave application?

    Thanks and more power!!

    Lea

    1. Atty. Post author

      Lea C********: a. Solo parent leave credits, when unused, are not convertible to cash and are not included in the computation of the 13th month pay.
      B. The employee must renew the solo parent ID in order to avail of the solo parent leave. Without it, the employer may disapprove the solo parent leave application.

  29. thess

    hello po..
    knowing that the bill in availing other discounts related to kids is for congress’ approval.. how long would it take before these benefits be given to single parents?

    1. Atty. Post author

      Thess: hard to say when exactly the bill granting discounts to solo parents will be effective, but let’s hope it’s soon. I’ll post updates here regarding benefits like those. Happy New Year!

  30. Khit

    i am a solo parent and having my solo parent id since june 2011. i submitted my resignation required to render 30days. now since i have remaining 5 days for solo parent leave for this year, i asked my TL if i can use that. she said that i will not be approved since 7days spl is alloted for one whole year and will be prorated. i just wanna ask if it’s legal since i havent read that part saying “prorated” when i read the law.

    thanks

    1. Atty. Post author

      Khit: While the law does not authorize pro-rating of the solo parent leave, please be reminded that the SPL is intended for the solo parent to perform parental duties and responsibilities where physical presence is required. The decision to allow you to use the parental leave as terminal leave is up to the management, because granting terminal leave is not mandatory unless earlier agreed upon in an agreement, contract or existing company policy. I suggest that you apply for the use of your SPL citing parenting reasons in order to pursue the legal benefit provided by law. In case your employer denies such benefit, then you may ask the Single Entry Approach Desk Office to call on your employer for conciliation. I hope this helps.

  31. rosette m

    good morning!

    What if there was an instance that I need to use my solo parent leave a day after I file for leave due to important matters, like a seminar that i was told to attend. I was informed about the seminar Monday, my shift starts Tuesday 5:00 AM and the seminar is Wednesday 1:00 PM but needs to be on the venue 11:00 AM. Does my employer have the right to deny my request? If no, can you please direct me to a site that i can show my employer about that since I was tagged absent on the day of my seminar and was unpaid. Please help.

    Rosette

    1. Atty. Post author

      Rosette: The solo parents leave is subject to company rules on leave applications. You still need to file the application ahead of time and obtain an approval so as not to disrupt the business of the company. It is not automatically granted if the employer finds it necessary for the employee to report for work.

  32. Khryzz

    hi atty..i requested for a SPL, because i need to fix my daughter’s requirements for school. but it was declined. because the employer said that i still need to present proof so they can approve my leave. Do they really need to require additional proof even though they already my Solo Parent ID?

    1. Atty. Post author

      Khryzz: Just show them the proof they require so that they don’t have any legal reason to decline the leave application. Employees still need to observe the company rules on the availment of leaves, such as the prior application and approval.

  33. Mayris

    I just knew this. thanks for the info.

  34. gab

    Hi Atty,

    i’ve been taking advantage of my solo parent privilege (7-day leave) since 2009 when my husband died and never had any problems. now, the company i’m working for updated the entire company handbook, found out that, they have reduced the SP leave credits from 7 to 2. should this adjustment/change be implemented according to their discretion, or should they strictly follow what the law currently has in place under RA 8972?

    “The Parental Leave Benefit: The parental leave is an additional benefit which shall be for seven (7) working days every year, with full pay, consisting of basic salary and mandatory allowances.”

    1. Atty. Post author

      Gab: From your narration, it seems that the company is reducing the legal benefit for solo parents. I suggest that you ask the company to show their legal basis for reducing it from 7 days to 2.

  35. rose p.

    hi, i’m glad i found this website … i would like to ask if me and my boyfriend do decide to live together, will this disqualify me from my solo parent benefits? my 2 children are not his and unfortunately even if we do decide to live in, i would still be the sole provider for my children’s education until his responsibilities with his sibling’s education is fulfilled. that’s also why we have not decided to marry yet. i hope i do get enlightenment on this situation that we are planning to do… thank you so much …

    1. Atty. Post author

      Rose: Yes, you are still considered a solo parent under the situation you mentioned. I suggest that you apply for a solo parent ID in order to avail of the benefits of the Solo Parents Welfare Law. I hope this helps.

  36. popofawesomeness

    question po boss.. my partnet just gave birth to the awesomest child of the year, anyway i understand na kung hindi kami married ay hindi ko magagamit yung paternity leave…however can i use this kind of leave instead.. mejo namali yung pagkakainform sakin na kahit hindi kasal e maaavail ko yung paternity leave…

    1. Atty. Post author

      Popofawesomeness: Congratulations on the birth of the awesomest child of the year! Unfortunately, the parental leave for solo parents is for the single parent who is left with the sole responsibility of caring for the child. In your situation, if you’re not living with the child’s mother, then only the awesomest child’s mother can avail of the parental leave for solo parents.

  37. rose p.

    thank you atty … follow up question po if i may … let’s say we do get pregnant, would it disqualify me from this benefit then?

    1. Atty. Post author

      Rose P: If you and your live in partner raise a child together, you may no longer be considered a solo parent as your situation is no longer one of those defined by law.

  38. rose p.

    the reason why i asked atty is because i have an officemate who has a child with another man and is now carrying his bf’s baby … they started living together when their new baby was born … when she filed for her spl, it was suddenly rejected as she is no longer qualified.

    1. Atty. Post author

      Rose P: under your friend’s situation, she is not a solo parent because she is living with the father of her illegitimate child, and is no longer bearing the sole responsibility of parenthood as contemplated by the law.

  39. monica*****

    is there any basis for my solo parent leave will be approve? i already pass the requirements n that they need prior from the 2 weeks notice policy of the company before taking a leave.they don’t want to approved my leave bec of my metrics in office.is that basis is right? is solo parent leave always the priority in vacation leave?

    1. Atty. Post author

      Monica: What is the usual company policy for leave usage as written in your employees manual or handbook? I suggest that you write the HR manager a letter asking for a written explanation stating why your solo parent leave was not approved even when you submitted the application for your leave 2 weeks before the intended date of the absence. If the explanation is not satisfactory to you, you may approach the Dept of Labor for assistance.

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