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REGULAR HOLIDAYS

Section 1. Short Title. - This Act shall be known as the "Paternity Leave Act of
EXECUTIVE ORDER NO. 203 June 30, 1987 1996".
PROVIDING A LIST OF REGULAR HOLIDAYS AND SPECIAL DAYS TO BE
OBSERVED THROUGHOUT THE PHILIPPINES AND FOR OTHER PURPOSES Section 2. Notwithstanding any law, rules and regulations to the contrary, every
married male employee in the private and public sectors shall be entitled to a
Section 1. Unless otherwise modified by law, order or proclamation, the paternity leave of seven (7) days with full pay for the first four (4) deliveries of
following regular holidays and special days shall be observed in this country: the legitimate spouse with whom he is cohabiting. The male employee applying
for paternity leave shall notify his employer of the pregnancy of his legitimate
A. Regular Holidays spouse and the expected date of such delivery.
New Year's Day January For purposes, of this Act, delivery shall include childbirth or any miscarriage.
Maundy Thursday Movable date
Good Friday Movable date Section 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to
Araw ng Kagitingan April 9 the benefits granted to a married male employee allowing him not to report for
(Bataan and Corregidor Day) work for seven (7) days but continues to earn the compensation therefor, on the
Labor Day May 1 condition that his spouse has delivered a child or suffered a miscarriage for
Independence Day June 12 purposes of enabling him to effectively lend support to his wife in her period of
National Heroes Day Last Sunday of August recovery and/or in the nursing of the newly-born child.
Bonifacio Day November 30
Christmas Day December 25 Section 4. The Secretary of Labor and Employment, the Chairman of the Civil
Rizal Day December 30 Service Commission and the Secretary of Health shall, within thirty (30) days
from the effectivity of this Act, issue such rules and regulations necessary for the
B. Nationwide Special Days proper implementation of the provisions hereof.
All Saints Day November 1
Last Day of the Year December 31 Section 5. Any person, corporation, trust, firm, partnership, association or entity
found violating this Act or the rules and regulations promulgated thereunder
Section 2. Henceforth, the terms "legal or regular holiday" and "special holiday", shall be punished by a fine not exceeding Twenty-five thousand pesos (P25,000)
as used in laws, orders, rules and regulations or other issuances shall now be or imprisonment of not less than thirty (30)days nor more than six (6) months.
referred to as "regular holiday" and "special day", respectively. If the violation is committed by a corporation, trust or firm, partnership,
association or any other entity, the penalty of imprisonment shall be imposed on
Republic Act No. 9177 the entity's responsible officers, including, but not limited to, the president, vice-
AN ACT DECLARING THE FIRST DAY OF SHAWWAL, THE TENTH MONTH OF THE president, chief executive officer, general manager, managing director or
ISLAMIC CALENDAR, A NATIONAL HOLIDAY FOR THE OBSERVANCE OF EIDUL partner directly responsible therefor.
FITR AND THE TENTH DAY OF ZHULD HIJJA. THE TWELFTH MONTH OF THE
ISLAMIC CALENDAR, A REGIONAL HOLIDAY IN THE AUTOMNOMOUS REGION Section 6. Non-diminution Clause. - Nothing in this Act shall be construed to
IN MUSLIM MINDANAO (ARMM) FOR THE OBSERVANCE OF EIDUL ADHA, reduce any existing benefits of any form granted under existing laws, decrees,
AMENDING FOR THE PURPOSE SECTION 26, CHAPTER 7 OF EXECUTIVE ORDER executive orders, or any contract agreement or policy between employer and
NO. 292. OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987, AND employee.
FOR OTHER PURPOSES
IMPLEMENTING RULES OF PATERNITY LEAVE ACT
Section 1. The first day of Shawwal, the tenth month of the Islamic calendar, is
hereby declared a national holiday for the observance of Eidul Fitr, and the tenth Section 1. Definition of Terms. As used in these Rules, the following terms
day of Zhul Hijja, the twelfth month of the Isalamic calendar is hereby delared a shall have the meaning as indicated hereunder:
regional holiday in the Autonomous Region in Muslim Mindanao (ARMM) for a. Paternity leave refers to the leave benefits granted to a married male
the observance of Eidul Adha. Eidul Fitr is the first day marking the end of the employee allowing him not to report for work for seven (7) days but
thirty (30)-day fasting period of Ramadhan Eidul Adha is a tenth day in the continues to earn the compensation therefor, on the condition that his
month of Hajj or Islamic Pilgrimage to Mecca wherein Muslims pay homage to spouse has delivered a child or suffered a miscarriage for the purpose of
Abraham's supreme act of sacrifice and signifies mankind's obedience to God. lending support to his wife during her period of recovery and/or in nursing
The approximate date of these Islamic holidays may be determined in of the newly born child.
accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon
Islamic astronomical calculations, whichever is possible or convenient. Section 2. Coverage. Every married male employee in the private sector shall
be entitled to paternity leave benefits of seven (7) days with full pay for the first
Section 2. Section 26, Chapter 7 of Executive Order No 292, otherwise known four deliveries by his lawful spouse under such terms and conditions as
as the Revised Administrative Code of 1987 is hereby amended to read as hereinafter provided. The rules on paternity leave of employees in the public
follows: sector shall be promulgated by the Civil Service Commission.
Sec. 26. Regular Holidays and Nationwide Special Days (1) Unless otherwise
modified by law, order or proclamation, the following regular holidays and Section 3. Conditions to entitlement of paternity leave benefits. A married
special days shall observed in the country. male employee shall be entitled to paternity benefits provided that:
a. he is an employee at the time of delivery of his child;
a. Regular Holidays b. he is cohabiting with his spouse at the time she gives birth or suffers a
New Year's Day January 1 miscarriage.
Maundy Thursday Movable Date c. he has applied for paternity leave in accordance with Section 4 hereof;
Good Friday Movable Date and
Eidul Fitr Movable Date d. his wife has given birth or suffered a miscarriage.
Araw ng Kagitingan April 9
(Bataan and Corregidor Day) Section 4. Application for leave. The married male employees shall apply for
Labor Day May 1 paternity leave with his employer within a reasonable period of time from the
Independence Day June 12 expected date of delivery by the pregnant spouse, or within such period as may
National Heroes Day Last Sunday of August be provided by company rules and regulations or by collective bargaining
Bonifacio Day November 30 agreement, provided that prior application for leave shall not be required in case
Christmas Day December 25 of miscarriage.
Rizal Day December 30
Section 5. Availment. Paternity leave benefits shall be granted to the qualified
b. Nationwide Special Holidays employee after the delivery by his wife, without prejudice to an employer
All Saints Day November 1 allowing an employee to avail of the benefit before or during the delivery;
Last Day of the Year December 31 provided, that the total number of days shall not exceed seven (7) days for each
delivery.
Provided, however That Eidul Adha shall be celebrated as a regional holiday
in Autonomous Region in Muslim Mindanao." Section 6. Benefits. The employee is entitled to his full pay, consisting of basic
salary, for the seven (7) days during which he is allowed not to report for work,
Section 3. The implementation of this Act shall be under the supervision of the provided, that his pay shall not be less than the mandated minimum wage.
Office of Muslim Affairs (OMA) which shall promulgate the rules and
regulations pursuant to the provisions of this Act. The Grand Mufti may submit Section 7. Non-commutation of benefits. In the event that paternity leave
his suggestion relative to said rules and regulations for consideration by the benefit is not availed of, said leave shall not be convertible to cash.
Office of Muslim Affairs (OMA)
Section 8. Non-diminution clause. Nothing in these Rules shall be construed
SERVICE INCENTIVE LEAVE to reduce or replace any existing benefits of any kind granted under existing
laws, decrees, executive orders, or any contract, agreement or policy between
employer and employee.
Paternity Leave Act of 1996
incapable of self-support because of mental and/or physical
Section 9. Crediting of existing benefits. Where a male employee is already defect/disability.
enjoying the paternity leave benefits by reason of contract, company policy or c. "Parental responsibility" - with respect to their minor children shall
collective bargaining agreement, the following rules shall apply: refer to the rights and duties of the parents as defined in Article 220 of
a. If the existing paternity leave benefit is greater than the benefit herein Executive Order No. 209, as amended, otherwise known as the "Family
provided, the greater benefit shall prevail; Code of the Philippines."
b. If the existing paternity leave is less than that provided herein, such d. "Parental leave" - shall mean leave benefits granted to a solo parent
existing benefit shall be adjusted to the extent of the difference. to enable him/her to perform parental duties and responsibilities where
However, where a contract, company policy or collective bargaining physical presence is required.
agreement provides for an emergency or contingency leave without specific e. "Flexible work schedule" - is the right granted to a solo parent
provisions on paternity leave, the paternity leave as herein provided shall apply in employee to vary his/her arrival and departure time without affecting the
full. core work hours as defined by the employer.

Section 10. Penalty. Any person, corporation, trust, firm, partnership, Section 4. Criteria for Support. - Any solo parent whose income in the place of
association or entity found violating any provision of these Rules shall be domicile falls below the poverty threshold as set by the National Economic and
penalized by a fine not exceeding twenty five thousand pesos (P25,000) or Development Authority (NEDA) and subject to the assessment of the DSWD
imprisonment of not less than thirty (30) days nor more than six (6) months. worker in the area shall be eligible for assistance: Provided, however, That any
If the violation is committed by a corporation, trust or firm, partnership, solo parent whose income is above the poverty threshold shall enjoy the benefits
association or any other entity, the penalty of imprisonment shall be imposed on mentioned in Sections 6, 7 and 8 of this Act.
the entitys responsible officers, including but not limited to, the president, vice Section 5. Comprehensive Package of Social Development and Welfare Services.
president, chief executive officer, general manager, managing director or - A comprehensive package of social development and welfare services for solo
partner directly responsible therefor. parents and their families will be developed by the DSWD, DOH, DECS, CHED,
TESDA, DOLE, NHA and DILG, in coordination with local government units and a
nongovernmental organization with proven track record in providing services for
solo parents.
The DSWD shall coordinate with concerned agencies the implementation of
the comprehensive package of social development and welfare services for solo
parents and their families. The package will initially include:
a. Livelihood development services which include trainings on livelihood
skills, basic business management, value orientation and the provision of
Solo Parents' Welfare Act of 2000 seed capital or job placement.
b. Counseling services which include individual, peer group or family
Section 1. This Act shall be known as the "Solo Parents' Welfare Act of 2000." counseling. This will focus on the resolution of personal relationship and
role conflicts.
Section 2. Declaration of Policy. - It is the policy of the State to promote the c. Parent effectiveness services which include the provision and
family as the foundation of the nation, strengthen its solidarity and ensure its expansion of knowledge and skills of the solo parent on early childhood
total development. Towards this end, it shall develop a comprehensive program development, behavior management, health care, rights and duties of
of services for solo parents and their children to be carried out by the parents and children.
Department of Social Welfare and Development (DSWD), the Department of d. Critical incidence stress debriefing which includes preventive stress
Health (DOH), the Department of Education, Culture and Sports (DECS), the management strategy designed to assist solo parents in coping with crisis
Department of the Interior and Local Government (DILG), the Commission on situations and cases of abuse.
Higher Education (CHED), the Technical Education and Skills Development e. Special projects for individuals in need of protection which include
Authority (TESDA), the National Housing Authority (NHA), the Department of temporary shelter, counseling, legal assistance, medical care, self-concept
Labor and Employment (DOLE) and other related government and or ego-building, crisis management and spiritual enrichment.
nongovernment agencies.
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible
Section 3. Definition of Terms. - Whenever used in this Act, the following terms working schedule for solo parents: Provided, That the same shall not affect
shall mean as follows: individual and company productivity: Provided, further, That any employer may
a. "Solo parent" - any individual who falls under any of the following request exemption from the above requirements from the DOLE on certain
categories: meritorious grounds.
1. Chastity even without a final conviction of the offender:
Provided, That the mother keeps and raises the child; Section 7. Work Discrimination. - No employer shall discriminate against any solo
2. Parent left solo or alone with the responsibility of parent employee with respect to terms and conditions of employment on
parenthood due to death of spouse; account of his/her status.
3. Parent left solo or alone with the responsibility of
parenthood while the spouse is detained or is serving sentence for Section 8. Parental Leave. - In addition to leave privileges under existing laws,
a criminal conviction for at least one (1) year; parental leave of not more than seven (7) working days every year shall be
4. Parent left solo or alone with the responsibility of granted to any solo parent employee who has rendered service of at least one
parenthood due to physical and/or mental incapacity of spouse as (1) year.
certified by a public medical practitioner;
5. Parent left solo or alone with the responsibility of Section 13. Implementing Rules and Regulations. - An interagency committee
parenthood due to legal separation or de facto separation from headed by the DSWD, in coordination with the DOH, DECS, CHED, TESDA,
spouse for at least one (1) year, as long as he/she is entrusted with DOLE, NHA, and DILG is hereby established which shall formulate, within ninety
the custody of the children; (90) days upon the effectivity of this Act, the implementing rules and regulations
6. Parent left solo or alone with the responsibility of in consultation with the local government units, nongovernment organizations
parenthood due to declaration of nullity or annulment of marriage and people's organizations.
as decreed by a court or by a church as long as he/she is entrusted Section 14. Appropriations. - The amount necessary to carry out the provisions
with the custody of the children; of this Act shall be included in the budget of concerned government agencies in
7. Parent left solo or alone with the responsibility of the General Appropriations Act of the year following its enactment into law and
parenthood due to abandonment of spouse for at least one (1) thereafter.
year;
8. Unmarried mother/father who has preferred to keep and IMPLEMENTING RULES OF SOLO PARENTS ACT
rear her/his child/children instead of having others care for them
or give them up to a welfare institution; Section 6. Definition of terms As used in these Rules, the following terms shall
9. Any other person who solely provides parental care and mean as follows:
support to a child or children; (g) Parental leave shall mean leave benefits granted to a solo parent to
10. Any family member who assumes the responsibility of enable him/her to perform parental duties and responsibilities where
head of family as a result of the death, abandonment, physical presence is required;
disappearance or prolonged absence of the parents or solo parent.
Section 18. Parental Leave In addition to leave privileges under existing laws,
A change in the status or circumstance of the parent claiming parental leave of not more than seven (7) working days every year shall be
benefits under this Act, such that he/she is no longer left alone with granted to any solo parent employee who has rendered service of at least one
the responsibility of parenthood, shall terminate his/her eligibility for (1) year. The seven-day parental leave shall be non-cumulative.
these benefits.
Section 19. Conditions for Entitlement of Parental Leave A solo parent shall be
b. "Children" - refer to those living with and dependent upon the solo entitled to parental leave provided that: (a) He/She has rendered at least one (1)
parent for support who are unmarried, unemployed and not more than year of service whether continuous or broken at the time of the affectivity of the
eighteen (18) years of age, or even over eighteen (18) years but are Act; (b) He/She has notified his/her employer of the availment thereof within a
reasonable time period; and (c) He/She has presented a Solo Parent
Section 42. Ten-day paid leave in addition to other leave benefits. - At any time
Identification Card to his/her employer.
during the application of any protection order, investigation, prosecution and/or
Section 20. Non-conversion of Parental Leave In the event that the parental trial of the criminal case, a victim of VAWC who is employed shall be entitled to
leave is not availed of, said leave shall not be convertible to cash unless
specifically agreed upon previously. However, if said leave were denied an a paid leave of up to ten (10) days in addition to other paid leaves under the
employee as a result of non-compliance with the provisions of these Rules by an Labor Code and Civil Service Rules and Regulations and other existing laws and
employer, the aforementioned leave may be used a basis for the computation of
damages. company policies, extendible when the necessity arises as specified in the
protection order. The Punong Barangay/kagawad or prosecutor or the Clerk of
Section 21. Crediting of Existing Leave If there is an existing or similar benefit
under a company policy, or a collective bargaining agreement or collective Court, as the case may be, shall issue a certification at no cost to the woman
negotiation agreement the same shall be credited as such. If the same is greater that such an action is pending, and this is all that is required for the employer to
than the seven (7) days provided for in the Act, the greater benefit shall prevail.
comply with the 10-day paid leave. For government employees, in addition to
Emergency or contingency leave provided under a company policy or a
collective bargaining agreement shall not be credited as compliance with the the aforementioned certification, the employee concerned must file an
parental leave provided for under the Act and these Rules. application for leave citing as basis R.A. 9262. The administrative enforcement
RA 9262 of this leave entitlement shall be considered within the jurisdiction of the
VAWC Law and Magna Carta of Women Regional Director of the DOLE under Article 129 of the Labor Code of
the Philippines, as amended, for employees in the private sector, and the Civil
Service Commission, for government employees.
Section 43. Entitled to Leave. Victims under this Act shall be entitled to take a
paid leave of absence up to ten (10) days in addition to other paid leaves under
the Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order. The availment of the ten day-leave shall be at the option of the woman
employee, which shall cover the days that she has to attend to medical and legal
Any employer who shall prejudice the right of the person under this section concerns. Leaves not availed of are noncumulative and not convertible to cash.
shall be penalized in accordance with the provisions of the Labor Code and Civil
Service Rules and Regulations. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a victim under this Act shall likewise The employer/agency head who denies the application for leave, and who
be liable for discrimination.
shall prejudice the victim-survivor or any person for assisting a co-employee who
is a victim-survivor under the Act shall be held liable for discrimination and

IMPLEMENTING RULES OF VAWC LAW violation of R.A 9262.

The provision of the Labor Code and the Civil Service Rules and Regulations
shall govern the penalty to be imposed on the said employer/agency head.

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