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).
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.
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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
| What | Deadline | Source |
|---|---|---|
| Who | Every married male employee in the private and public sectors, cohabiting with his legitimate spouse | R.A. 8187, Sec. 2 |
| How long | 7 days with full pay, for each of the first four deliveries — childbirth or miscarriage | R.A. 8187, Sec. 2 |
| Your part | Notify your employer of your wife’s pregnancy and the expected date of delivery | R.A. 8187, Sec. 2 |
| Extra days | The 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 leave | R.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
Type the due date
We suggest when to give the notice to HR.
2
Fill in the letter
Your name, position, your wife’s name and the expected date of delivery.
3
Add the allocated days if any
If your wife allocates part of her maternity leave to you, keep that paragraph.
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
Other documents
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.