SSS Paternity Leave Benefits

sss paternity leave benefits
SSS Paternity Leave Benefits

SSS Paternity Leave Benefits

The working father or husband may not be aware
that  there is a law called Paternity Leave Act of
1996, otherwise known as RA. 8187.

This law provides that a married male employee or worker is
entitled to a 7 days leave with pay when his wife gives birth
or when his wife suffers a miscarriage.

The Purpose of this Paternity Leave law is to give opportunity
to the working male employee to give support to his wife and
help in caring for the newly born child.

To be entitled to this 7 day leave with pay, the male employee
must inform his employer of the fact that his wife is
pregnant and tell his employer of the expected date of

This privilege is good only up to the first 4 delivery. The
wife's 5th delivery will no longer entitle the male
employee of Paternity leave.

The employer has no right to deny the male employee of his
right to paternity leave because doing so will make
the employer liable for fine or imprisonment.

So it is a good news for us Male employees that when our
wife delivers a baby or suffers miscarriage, we can
leave our work to take care of our wife and baby for a
period of 7 days with pay.

This Paternity leave privilege granted by law can be
availed of by employees in the private sector as well
as employees in the public sector.

Please remember that your wife must be legitimate.
Meaning, you are legally married. Your kabit or
mistress delivery or miscarriage will not entitle
you to the benefit of the Paternity leave law.

Note: File the Paternity Leave with the Employer and not
with the SSS.

Note: Under the law, paternity leave is not paternity loan.
The husband's absence from work is paid as if he is present.
The money given by the employer is not a loan but payment
for work done.

Related Page:
                     1. Paternity Leave - Illustrative Case
                     2. SSS Maternity Benefits


  1. What if a male employee is newly deployed (1week only) then filed a paternity leave is it valid? Since he's only working for one week when he filed and no SSS contribution yet remitted by his employer

    1. yes, the law did not made a distinction between casual and regular employee, The paternity leave act is different from the SSS law. An employee is entitled to this benefit on the first day of employment.

  2. Tanong ko po mga mam at sir, nanganak asawa ko noong nov 22 2014,nov 20 ng file ako ng paternity leave.ang pinagtatakhan ko wala pong bayad ung paternity leave ko.ang sabi sa akin wala na daw paternity leave.totoo po ba ito?bka outdated lang kasi ako.

  3. Good afternoon,, just want to ask what if the member is only paying voluntarily or individualy only? Am i still entitled to get this benefits? Thank you

  4. Good day po,, tanong ko lang po
    What if im only paying sss voluntarily? Am i also entitled to get this benefits? Thank you

  5. d pa naamend yung batas, yung paternity leave mo ay dapat may bayad pa rin. kung ano arawan na sweldo mo dapat yun din matatanggap mo.

  6. regardless of whether you are an SSS member or not, you are entitled to paternity leave as long as your legitimate wife suffers a miscarriage or delivers a baby.

  7. paano po claim benefits ? nag file ng leave ang asawa ko kaso nung sumweldo sya hndi bnyran yung nileave nya nung nnganank ako. wha should i do

    1. This comment has been removed by the author.

    2. paternity leave law provides that your husband is entitled to a paternity leave with pay. He is not entitled to extra pay. He will just receive his usual pay as if he did not absent himself from the company. If that is your case, address this issue to the personnel department of your husband company.

  8. How about my husband seaman po sya. Expected delivery date still onboard sya
    Pwde b mag file is it convertible in cash?
    Can he still get his paternity benefits with out leave in his employer?

    1. 1.The male employee applying for paternity leave shall
      notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.
      Pwede pa rin magfile ng paternity leave within 60 days after delivery.

      2. Grants 7 working days of paternity leave with full
      pay to married male employees in the private and
      public sectors.

      3. Employee must leave for seven days with pay.

  9. papano po kung hindi kayo kasal?

    1. The law is clear. The woman delivering the baby must be a legitimate wife and the husband must be cohabiting with her. If you are not married, the law does not apply. if you are married but you are legally separated and not cohabiting, the paternity leave does not apply.

  10. paano po kung nag file ka ng 7days PL pero ang pinayagan lang ng employer mo particularly your manager is less than 7 days...

  11. the law says 7 days. provided that the required notification to the employer was properly made, the employer can not deny this right. remember that the employer violating this right is liable to be fined or imprisoned. you may consult a lawyer to enforce this right or perhaps bring it to the attention of your union.

  12. Possible pba ma-claim un paternity benefits dun sa 3rd & 4th pregnancies ng wife ko kht nde ko na-inform un employer ko at sss?

  13. unfortunately, notification is a requirement to be entitled to paternity benefits, in case of paternity claim there is a need to notify the employer, paternity law requires the working husband to inform his employer of the fact of pregnancy of his wife.

  14. 1. panu po kung private employer ako, pwede pa rin po ba ako makapag file sa kanila ng paternity leave?
    2. mandatory po ba ito?
    3.anu po ba kailangan i file sa employer ko bago po ako mag leave? mron po bang form na kailangan pra ma ifile sa knila?
    4. pwede rin bang mag file sa sss ng paternity leave.

  15. ikaw na empleyado ang syang magpafile ng paternity leave. Ibibigay mo eto sa iyong employer o sa kanyang representative kagaya ng human resources officer pag malaking kumpanya eto. Maaaring humingi ng ready made form sa human resources department ng inyong kumpanya.
    Ang paternity leave ay sa employer binibigay hindi sa sss. walang kinalaman ang sss sa pagpafile ng paternity leave.

  16. For my case, verbal lang alam ng employer ko ahead of time na manganganak si Misis this June. So I haven't filed a leave form until the actual delivery date came on June 5. I called my superior, told the news and said I cannot make it to office that day. I also called the HR and told I'll be availing paternity leave. However on the 2nd day, HR called me and ask me to come to office because I have to finish pending work. Pagdating ko, nakatanggap ako ng memo na unofficial daw ang 2days ko. So formally nagfile ako ng 2days paternity leave and filed the remaining days. The first was approved while the second form was unsigned. My superior discussed that I have to finish pending work first before availing the remaining PL days. Questions:

    1. Is paternity leave forfeited if you have not filed it formally before delivery date?
    2. Should paternity leaves be taken straight 7days or can be partial days?
    3. Can I intentionally take a paternity leave without waiting for my employer's formal approval?
    4. Are paternity leave days deducted from vacation leave days?

    Hoping for your immediate response on my case. This discussion really enlightened me. Thank you!

  17. The Paternity leave law is a separate law granting the married male employee right to a leave of 7 days with full pay. Ordinary vacation leave is governed by the labor code of the Philippines.

    Paternity leave should not be deducted from the vacation leave granted by law or leave voluntarily given by the employer or leave agreed upon by the union and employer..

    The paternity law specifically provides that a married male employee must notify the employer of the pregnancy of his legitimate wife and the expected date date of delivery. Notification is what the law requires and the employer can not deny the married employee of this right.

    I am not aware of a supreme court decision touching on the issue of whether the 7 days granted by law be straight or otherwise. But The paternity leave law was intended to enable the husband to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly born child so I do not really see the logic of claiming the 7 days leave on intervals. 7 days i believe is sufficent for the mother to regain her strength to be able to nurse the newly born. Since the married employee is given the right to claim the leave even after 60 days from date of delivery of his wife, i believe he may choose the time which he believes his wife needed him the most to help.

  18. Hi sir/ma'am,

    My husband is currently working abroad. Can he still apply for paternity benefit?

  19. The paternity law applies to employees in the public or
    private sector in the Philippines.

    Republic Act No 8042 (the Migrant Workers and Overseas Filipinos
    Act of 1995, as amended) is the governing law regulating the
    overseas employment of Filipino workers.

    The provisions of the Migrant Workers and Overseas Filipinos
    Act of 1995 apply regardless of a choice of law provision in the
    employment contract.

    Contracts of Filipino OFW's usually states for instance that
    he must work for 2 years and can go home only after his
    contract expires. Contract expiration is the only reason where
    an OFW can go home.

  20. Hi Sir/ Ma'am,

    Just confused with this "Note: File the Paternity Leave with the Employer and not
    with the SSS." Does it mean that my employer will be the one who is gonna pay my Paternity Leave?
    I asked SSS regarding this matter, They said they only have Maternity Leave Benefits. Im really confused Ma'am/Sir.

    Thanks in advance.

  21. Your employer will pay for the days you will not work under the paternity leave law.

  22. panu po kung d pa kasal? pero live in nman. I mean pangalawang baby na po naming ngayon we're together d po ba pde iconsider yun?

  23. Unfortunately not. The law says "legitimate wife".

  24. How about po na 5th child n po unh pinagbubuntis ng adawa ko.. pero once ko pa lang po nagamit ung paternity leave ko which is dun sa pang 4th.. maaari ko p rn po ba i file as paternity leave un?,,

  25. ask ko lang po kung pwede pa putol putol ang pag file ng paternity leave? like for example po na miscarriage cya ng oct...finile ko lang po is oct 20 21 22, may expiration ba ang pag file ng paternity? pwede ko bang ma file ung remaining days at a different month?

  26. paano po kapag yung employer nyu wala png benefits na paternity leave? does it mean hindi makaka avail ang husband ko. ask lang po.. thank you


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