Parental Leave for Solo Parents
Parental Leave for single parents is also available and is part of the labor law. Learn more about this article.
What is a parental leave for solo parents?
Parental leave for solo parents is provided for under Republic Act No. 8972 and granted to any solo parent or individual who is left alone with the responsibility of parenthood due to:
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Giving birth as a result of rape or, as used by the law, other crimes against chastity;
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Death of spouse;
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Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
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Physical and/or mental incapacity of spouse as certified by a public medical practitioner;
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Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she is entrusted with the custody of the children;
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Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided, that he/she is entrusted with the custody of the children;
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Abandonment of spouse for at least one (1) year;
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Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution;
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Any other person who solely provides parental care and support to a child or children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and
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Any family member who assumes the responsibility of the head of the family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.
The parental leave, in addition to leave privileges under existing laws, shall be for seven (7) workdays every year, with full pay.
eligibilities
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He/she has rendered at least one (1) year of service, whether continuous or broken;
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He/she has notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
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He/she has presented to his/her employer a Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
termination of eligibilities
In the event that the parental leave is not availed of, it CANNOT be convertible to cash, unless specifically agreed on previously.
A change in the status or circumstance of the parent claiming the benefit under the law, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for this benefit.
