Paternity Leave: 7 Days, First 4 Deliveries Only
Department of Labor and Employment · benefits
Quick answer
RA 8187 grants married male employees in both the private and public sectors 7 days of paternity leave at full pay, for the first 4 deliveries of the legitimate spouse he lives with. Miscarriage counts as a delivery. A mother may allocate up to 7 more days.
Last verified
Where these figures come from
About these figures: the numbers below come from DOLE's official published sources: Official Gazette | Republic Act No. 8187, Paternity Leave Act of 1996 (https://www.officialgazette.gov.ph/1996/06/11/republic-act-no-8187/, retrieved 2026-09-01). Agencies change fees and rates without notice, so confirm with DOLE before you rely on them. Last verified: 2026-09-01.
The entitlement
The Paternity Leave Act of 1996, RA 8187, grants 7 days with full pay to every married male employee in the private and public sectors, for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
The purpose is written into the statute rather than left to interpretation. Section 3 defines the leave as enabling the employee to lend support to his wife in her period of recovery and in the nursing of the newly-born child.
| Element | What RA 8187 provides |
|---|---|
| Days | 7 |
| Pay | Full pay, compensation continues |
| Sectors covered | Private and public |
| Marital requirement | Married, spouse legitimate and cohabiting |
| Deliveries covered | First 4 only |
| Miscarriage | Counts as a delivery |
| Notice | Must notify employer of pregnancy and expected delivery date |
The four-delivery ceiling
This is the limit most people do not know about. The entitlement runs to the first four deliveries and stops. A fifth child carries no statutory paternity leave under RA 8187.
The counting is per employee, not per employer. Changing jobs does not reset it.
Miscarriage counts, and that cuts both ways
Section 2 states plainly that delivery shall include childbirth or any miscarriage. A miscarriage therefore triggers the 7 days, and it also consumes one of the four.
This is worth pairing with a difference in the other route to paternity days. The mother’s allocation from her maternity leave does not apply to miscarriage or emergency termination of pregnancy, while RA 8187 does. The two mechanisms treat the same event differently.
The second 7 days, and where it comes from
A father can reach 14 days, but only 7 of them are his own entitlement.
| Source | Days | Conditions |
|---|---|---|
| RA 8187 paternity leave | 7 | Married, cohabiting legitimate spouse, first 4 deliveries, miscarriage included |
| Allocated from the mother’s maternity leave | Up to 7 | Father married or not, taken from her credits, not available for miscarriage or emergency termination |
The allocated days are not additional national entitlement. They are transferred from the mother’s 105 days, so her leave shortens by exactly the number she gives away. How that works, and what those days are worth against her salary credit, is in the SSS maternity benefit guide.
What it costs an employer to ignore
RA 8187 attaches a criminal penalty, which is unusual for a leave benefit.
| Penalty under Section 5 | Amount or term |
|---|---|
| Fine | Not exceeding ₱25,000 |
| Imprisonment | Not less than 30 days, not more than 6 months |
Where the violator is a corporation, trust, firm, partnership or association, the Act directs the imprisonment onto the responsible officers, and names them: the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible.
Better terms still stand
Section 6, the nondiminution clause, protects anything more generous you already have. Nothing in the Act reduces existing benefits granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.
So a company policy giving 10 days survives RA 8187 intact. The statute is a floor.
The same principle runs through 13th month pay, where the 1/12 minimum is expressly without prejudice to better terms under company practice, an employment contract or a collective bargaining agreement.
Some dates from the Act itself
| Provision | Period |
|---|---|
| Implementing rules to be issued after effectivity | 30 days |
| Effectivity after publication | 15 days |
| Publication requirement | Official Gazette, or at least 2 newspapers of national circulation |
RA 8187 was approved on 11 June 1996 and consolidated Senate Bill No. 1032 and House Bill No. 7134, passed by both chambers on 8 June 1996. Section 4 tasked the Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the Secretary of Health with issuing the implementing rules.
Where this goes wrong
Assuming it applies to every child. Four deliveries, then it stops.
Assuming an unmarried father gets the 7 days. RA 8187 requires marriage and cohabitation with the legitimate spouse. The allocation route from the mother’s leave is the one open to unmarried fathers.
Not telling the employer in advance. The Act requires notice of the pregnancy and the expected delivery date, and it is a condition of applying rather than a courtesy.
Treating the mother’s 7 allocated days as free extra leave. They come straight out of her 105 days.
Frequently asked questions
- How many days of paternity leave am I entitled to?
- Seven (7) days with full pay under RA 8187. Separately, the mother may allocate up to 7 days of her maternity leave to the child's father, so a married father can reach 14 days in total, though the allocated days come out of her entitlement rather than being added to it.
- Does it apply to every child?
- No. RA 8187 limits it to the first four (4) deliveries of the legitimate spouse with whom the employee is cohabiting. A fifth delivery carries no statutory paternity leave.
- Do I have to be married?
- For RA 8187, yes. The Act says every married male employee, and ties the benefit to the legitimate spouse with whom he is cohabiting. The separate 7-day allocation from the mother's maternity leave has no such requirement, and can go to the child's father whether married or not.
- Does a miscarriage count?
- Yes. Section 2 states that for purposes of the Act, delivery shall include childbirth or any miscarriage. Note that the mother's separate 7-day allocation does not apply to miscarriage or emergency termination of pregnancy, so the two routes differ here.
- Is it paid?
- Yes, at full pay. Section 3 describes it as allowing the employee not to report for work for 7 days while continuing to earn the compensation for those days.
- Do I need to tell my employer in advance?
- Yes. The Act requires the male employee applying for paternity leave to notify his employer of the pregnancy of his legitimate spouse and the expected date of the delivery.
- What if my employer refuses?
- Section 5 sets a fine not exceeding ₱25,000 or imprisonment of not less than 30 days and not more than 6 months. Where the violator is a company, the imprisonment falls on the responsible officers, which the Act lists as including the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible.
- My company already gives more than 7 days. Does this reduce it?
- No. Section 6 is a nondiminution clause: nothing in the Act shall be construed to reduce any existing benefits granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.