SOLO PARENT LEAVE

• Parental leave refers to the paid leave granted to a qualified solo parent

  to enable the performance of parental duties and responsibilities where

  physical presence is required or beneficial to the child.
• Parental leave for solo parents or solo parent leave – refers to ‘leave benefits granted to a solo parent to enable the performance of parental duties and responsibilities where physical presence is required or beneficial to the child.’(R.A. 8972, as amended, Section 3[e])
• Solo parent


  Any individual who falls under any of the following categories:
• The benefit consists of ‘a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee.’ 
• Duration


  In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee, regardless of employment status, who has rendered service of at least six (6) months
• Solo parent


  Only a solo parent exercising sole parental care and support of the child or children is entitled to claim the benefits of a solo parent under the law. A solo parent shall not lose his or her status as solo parent if the other parent provides occasional assistance and/or seasonal gifts that do not meet the legal requirement of support under The Family Code of the Philippines. Moreover, the absence of a valid and legal marriage between the mother and father of a child or dependent does not automatically entitle either individual to the benefits under the law if the factual circumstances demonstrate that parental care and support are shared
• Parental leave not availed of

  Said leave shall not be convertible to cash unless specifically agreed upon previously by the employer and the employee
• If there is an existing or similar benefit under a company policy or a collective bargaining agreement

  The greater benefit shall prevail
• Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under RA 8972, as amended
• Frequency of Availment


  The parental leave of seven (7) working days with pay shall be granted every year
• When a solo parent ceases to be such by reason of change of status and circumstances

  The said solo parent shall be ineligible to avail of the solo parent benefits
• Benefit


  Grants a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required
• Leave


  • Non-cumulative
  • Forfeitable
• Forfeitable and non-cumulative


  Solo parent employees cannot save up their leave credits to use the following year, the leave benefits do not stack up the following year, the leave credits are consumable for the year they are applicable
• Non-convertible to cash


  The benefit is not convertible to cash as the objective is for the solo parent employee to perform parental duties and responsibilities where physical presence is required
• 6 months of service

  The six (6) months of service may be ‘continuous or broken’. (DOLE-BWC Handbook, p. 35)

  Broken – includes workdays where the employee may have been absent, on leave, or unable to work for whatever reason. For example, an employee who has been with the employer for six (6) months, inclusive of a medical leave for two (2) months (and thus he was not working for this duration), would meet the 6-month requirement.