Solo Parent Leave: 7 Working Days With Pay

The new Section 8 of RA 8972 grants a "parental leave of not more than seven (7) working days with pay every year" to "any solo parent employee, regardless of employment status, who has rendered service of at least six (6) months." It applies to employees in both government and the private sector. The leave is "in addition to leave privileges under exiting laws" (the law's own spelling), so it does not replace your vacation leave, sick leave or service incentive leave.

The Revised Implementing Rules (Section 23) set three conditions:

1. at least six months of service, "whether continuous or interrupted";
2. notice to your employer within a reasonable time; and
3. a valid SPIC.

Section 22 of the same rules adds that "a valid SPIC is the only requirement to avail of parental leave."

The law lists categories (new Section 4 of RA 8972). Some of them:

• a parent who alone cares for and supports the child because of the death of the spouse;
• because of legal separation, or de facto separation for at least six months;
• because of abandonment by the spouse for at least six months;
• because of the spouse's detention for at least three months, or physical or mental incapacity certified by a doctor;
• because of the declaration of nullity or annulment of the marriage, when the parent has sole care of the child;
• an unmarried mother or father who keeps and raises the child;
• a legal guardian, adoptive or foster parent who alone cares for the child;
• the spouse or family member of a low- or semi-skilled OFW who has been away for an uninterrupted 12 months, under the conditions of the law;
• a pregnant woman who alone cares for and supports the unborn child.

Solo parent status must be shown with the SPIC. The law sets up a Solo Parent Office in every province and city, and a Solo Parent Division in every municipality, which issues the SPIC free of charge. For the other benefits of solo parents, see solo parent benefits.

Yes. Section 22 of the Revised IRR says a solo parent kasambahay is also entitled to the seven-day parental leave, provided he or she has rendered at least six months of service "to the same employer." See kasambahay rights.

No. The law describes the leave as "forfeitable and noncumulative." Days you do not use within the year are lost and do not pile up.

No. Section 25 of the Revised IRR says emergency or contingency leave under a company policy or a collective bargaining agreement "shall not be credited as compliance" with the parental leave. If your company already gives a similar parental benefit, it counts, and if that benefit is greater than seven days, the greater benefit prevails.

Under the original Section 8 of RA 8972 (2000), the leave was for a solo parent employee "who has rendered service of at least one (1) year." RA 11861 cut the service requirement to six months and added the words "regardless of employment status." If you read an older article saying you need one year, it describes the old law.

No. The new Section 7 says no employer shall discriminate against a solo parent employee in the terms and conditions of employment because of his or her status. Employers and solo parent employees may also agree on telecommuting, and solo parents get priority.

Penalties are in the new Section 26. An employer who refuses or fails to give the benefits faces, for a first violation, a fine of ₱10,000 to ₱50,000 or imprisonment of six months to one year, or both. For later violations, the fine is ₱100,000 to ₱200,000 or imprisonment of one to two years, or both. Business permits may also be cancelled after notice and hearing. On the other side, a person who misrepresents his or her status or falsifies documents to get the benefits can be fined up to ₱50,000 and imprisoned for six months to one year, or both.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carla. Carla is a widow and has worked seven months as a contractual sales clerk. She has a valid SPIC. She can take up to seven working days of paid parental leave this year, even though she is not a regular employee.

Ramon. Ramon's wife left him and their two children eight months ago. Abandonment for at least six months is a solo parent category. Once he gets his SPIC, and since he has more than six months of service, he can use the leave to attend his son's school meetings.

Joy. Joy's company gives three days of "emergency leave" to all employees. That does not count as her solo parent leave. She is still entitled to up to seven working days of parental leave.

That is a separate benefit. A mother who qualifies as a solo parent gets 15 extra days of maternity leave with full pay, for 120 days in all. See maternity leave rights. The leave benefits table puts all paid leaves side by side.

A worker usually asks for the leave in writing, with a copy of the SPIC, and keeps proof. If the employer still refuses, the issue can be brought to DOLE through the Single Entry Approach. See how to file a labor complaint.

Talk to a lawyer or the Public Attorney's Office (PAO) if you were penalized or dismissed after using the leave, if your employer questions your solo parent status, or if you want to file a criminal complaint under the law's penalty clause.

If you cannot afford a lawyer, see Free legal help in the Philippines.