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Paternity leave · R.A. 8187 · 7 days with full pay

Paternity leave letter — notice to your employer, with your dates

Short answer. The letter to HR is open below: your wife’s expected date of delivery, the 7 days of paternity leave and, if she chooses, the up to 7 days of her maternity leave allocated to you. Who: every married male employee in the private and public sectors, cohabiting with his legitimate spouse (R.A. 8187, Sec. 2).

Follow deadlines in the channel →

Enter a date — we’ll count the deadlines

 

  • Give this notice to HR — about 30 days before (our advice)type the date
  • Confirm your leave dates with your supervisor — a week before (our advice)type the date

Check your own case.

Advice, not legal deadlines. R.A. 8187 says the employee shall notify his employer of the pregnancy of his legitimate spouse and the expected date of delivery; it sets no number of days for the notice.

Paternity leave letter: first page

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Liza, Layers template assistant

Liza, Layers template assistant

Tell me your wife’s due date and I will suggest when to give the letter to HR.

If she allocates some of her maternity days to you, keep that paragraph in the letter.

Deadlines

The rules, with the source

WhatDeadlineSource
WhoEvery married male employee in the private and public sectors, cohabiting with his legitimate spouseR.A. 8187, Sec. 2
How long7 days with full pay, for each of the first four deliveries — childbirth or miscarriageR.A. 8187, Sec. 2
Your partNotify your employer of your wife’s pregnancy and the expected date of deliveryR.A. 8187, Sec. 2
Extra daysThe mother may allocate up to 7 days of her maternity leave to the child’s father, married or not, with written notice to both employers; this is separate from paternity leaveR.A. 11210, Sec. 6

Quoted from the texts of R.A. 8187 (Paternity Leave Act of 1996) and R.A. 11210 (105-Day Expanded Maternity Leave Law), Section 6.

Step by step

What to do, in order

  1. 1

    Type the due date

    We suggest when to give the notice to HR.

  2. 2

    Fill in the letter

    Your name, position, your wife’s name and the expected date of delivery.

  3. 3

    Add the allocated days if any

    If your wife allocates part of her maternity leave to you, keep that paragraph.

  4. 4

    Sign and hand it in

    Keep a copy with the date HR received it.

Questions

How many days of paternity leave do I get?

Seven (7) days with full pay for each of the first four deliveries of your legitimate spouse with whom you are cohabiting. A miscarriage counts as a delivery (R.A. 8187, Sec. 2).

I am not married. Can I still take leave?

Paternity leave under R.A. 8187 is for married employees. Under R.A. 11210, Sec. 6, the mother may allocate up to 7 days of her maternity leave to the child’s father whether or not they are married — with written notice to both employers.

Is the allocated maternity leave the same as paternity leave?

No. The allocation under R.A. 11210 is in addition to the paternity leave under R.A. 8187.

What if this is our fifth child?

R.A. 8187 covers the first four deliveries. Your company policy or collective agreement may give more — ask HR.

Is it free? Do I need to sign up?

Free and without an account: fill in, download Word or PDF. With a free account you can save a copy in your Layers.

Official sources

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Keep the papers in one place

Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

This is a ready letter and suggested dates, not legal advice.