How many days of paternity leave do you get in the Philippines?
7 days with full pay for each of your wife's first four deliveries, plus up to 7 she can give you from her maternity leave: who qualifies, how to apply.
6 min read. Updated . By Catalyst Outsourcing.
Republic Act No. 8187, the Paternity Leave Act of 1996, gives every married male employee seven days with full pay for each of his wife's first four deliveries, if he lives with her. Since 2019, the mother can also give the child's father up to seven of her maternity leave days, married or not. Here's who qualifies, how to apply and what to do if it's refused, from the law, the maternity leave rules and DOLE's handbook, read on 7 October 2026.
This guide explains the law for employees in the Philippines. It's general information and isn't legal advice. If you have a dispute with your employer, you can call DOLE Hotline 1349.
How many days of paternity leave you get
Section 2 of the law says "every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting." It adds that "delivery shall include childbirth or any miscarriage."
DOLE's handbook fills in the rest:
- It covers married male employees "regardless of their employment status", whether probationary, regular, contractual or project-based.
- You normally take it after the delivery. Your employer can let you take it before or during, as long as the total stays at seven days for each delivery.
- Unused paternity leave "shall not be convertible to cash".
- If your company already gives more, the bigger leave wins. If it gives less, it's topped up to seven days.
- An emergency or contingency leave in your contract doesn't count as paternity leave, and the handbook says RA 8187 "shall apply in full".
What are the conditions to get paternity leave?
DOLE's handbook lists four:
- You're an employee when your child is delivered.
- You're living with your wife when she gives birth or has a miscarriage.
- You applied for the leave within a reasonable time before the expected delivery date, or within the time your company rules or union agreement set. You don't need to apply ahead for a miscarriage.
- Your wife has given birth or had a miscarriage.
Working away from home doesn't rule you out, because the handbook says that if spouses aren't living together "because of the workstation or occupation", the male employee "is still entitled" to paternity leave.
Up to 7 more days from the mother's maternity leave
Under Section 6 of the 105-Day Expanded Maternity Leave Law, the mother can give the child's father up to seven days of her maternity leave. The law says this is "over and above" the seven days of paternity leave. On our reading, a married father who qualifies for both can take up to 14 days with pay for one birth.
- It's her choice, and the days come out of her 105.
- The rules say your employer grants "a leave with pay equivalent to a period from one (1) to seven (7) days", which you can take all at once or in parts, within her maternity leave.
- Give your employer her written notice and the dates you'll take.
- It doesn't apply after a miscarriage or emergency termination of pregnancy.
Our maternity leave guide covers her side: the 105 days and who pays them.
Not married? The leave you can still get
The seven-day paternity leave is for married employees: the law says "married male employee" and "legitimate spouse". The maternity days the mother gives work differently, because Section 6 says she can give them to the child's father "whether or not the same is married to the female worker". So an unmarried father can still get up to seven days, if she chooses to give them.
How to apply for paternity leave
- Tell your employer about the pregnancy and the expected delivery date. Section 2 of the law asks you to.
- Apply for the leave within a reasonable time before the due date, or by the deadline in your company rules.
- If she gives you some of her maternity days, hand your employer her written notice and tell them the dates.
- Ask HR what proof of the birth or miscarriage they want on file.
What to do if your paternity leave is denied
Put your request in writing and keep a copy. If your employer still refuses, DOLE's handbook says to call the DOLE Hotline or the DOLE regional office for your workplace. Section 5 of the law sets a fine or jail time for anyone who violates it.
Next
Expecting soon? Read how maternity leave works, and if you're raising a child on your own, see solo parent leave. You may also have five days of service incentive leave a year. Looking for your next role? Browse remote jobs. It's free to apply.
Questions
How many days is paternity leave in the Philippines?
RA 8187 gives seven days with full pay for each of the first four deliveries of your wife, if you're married and living with her. Under RA 11210, the mother can also give you up to seven days of her maternity leave.
Can I get paternity leave if we're not married?
Not the seven days under RA 8187, which is for married employees. But Section 6 of RA 11210 lets the mother give you up to seven of her maternity leave days, married or not.
Is there paternity leave for a miscarriage?
Yes. RA 8187 says delivery includes "childbirth or any miscarriage", and DOLE's handbook says you don't need to apply ahead for a miscarriage. The days the mother can give don't apply after a miscarriage.
Can unused paternity leave be converted to cash?
No. DOLE's handbook says unused paternity leave "shall not be convertible to cash".
Do probationary employees get paternity leave?
Yes. DOLE's handbook says it covers married male employees regardless of employment status, including probationary, contractual and project-based.
Sources
- Republic Act No. 8187, Paternity Leave Act of 1996, Official Gazette, https://www.officialgazette.gov.ph/1996/06/11/republic-act-no-8187/, read 7 October 2026
- Republic Act No. 11210, 105-Day Expanded Maternity Leave Law, Official Gazette, https://www.officialgazette.gov.ph/2019/02/20/republic-act-no-11210/, read 7 October 2026
- Republic Act No. 11210 full text (The Lawphil Project, read because the Official Gazette PDF blocks automated readers), https://lawphil.net/statutes/repacts/ra2019/ra_11210_2019.html, read 7 October 2026
- Implementing Rules and Regulations of Republic Act No. 11210, issued by the CSC, DOLE and SSS on 1 May 2019 (full text on The Lawphil Project), https://www.lawphil.net/statutes/repacts/ra2019/irr_11210_2019.html, read 7 October 2026
- DOLE Bureau of Working Conditions, Handbook on Workers' Statutory Monetary Benefits, 2024 Edition, https://bwc.dole.gov.ph/wp-content/uploads/2024/10/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf, read 7 October 2026