Availing parental leaves for unmarried fathers

Dear PAO,

Can an unmarried man claim the privileges under the Solo Parent Law? I recently reconnected with my ex-boyfriend. His live-in partner left him and THEIR fiVE-YEAR OLD DAUGHTER TO MIGRATE to Europe for another man. I saw how hard it is for him to raise their child while balancing his work life. He had to go on unpaid leaves just to attend to the needs of his child. I asked if his work allows him to go on parental leave since he is a solo parent. He said THAT HE IS UNSURE IF HE IS QUALIfiED FOR this since he is a man and is also not married to the mother of their child. This got me confused and I want to ask now if an unmarried father can ALSO CLAIM THE LEAVE BENEfiTS UNDER THE law for solo parents? Also, what is the EXTENT OF LEAVE BENEfiTS GRANTED BY THE law for solo parents?

Noreen

Dear Noreen,

It appears from the details you provided that your unmarried ex-boyfriend can in fact avail the leave benefits provided by law for solo parents. This is provided for under Republic Act 8972 (RA 8972), known as the “Solo Parents’ Welfare Act of 2000,” which specifically identifies who can qualify for the leave benefits, among others, for solo parents. This law was passed to implement the policy of the State to promote the family as the foundation of the nation and ensure its total development. (Sec. 2)

As to who can be considered as a solo parent, the law includes the following: “xxx

“(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

“(9) Any other person who solely provides parental care and support to a child or children;

“(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. “xxx” (Sec. 3, RA 8972)

Note that the law expressly states that even an unmarried man can qualify as a solo parent, as long as he solely provides parental care and support to a child. The enumeration of qualified solo parents includes both married and unmarried man and woman. In fact, as stated on this cited provision, even a person who is not the biological parent of a child can be qualified as such as long as there is an exercise of sole parental responsibility to a child. It is important to note, however, that the law will terminate one’s eligibility for the solo parent benefits once a solo parent no longer solely provides care for a child. Thus, a change in the circumstances of the solo parent may affect his or her ability to qualify for the privileges under the Solo Parent Act.

As to the leave privileges under this law, Article V of the Implementing Rules and Regulations of RA 8972 provides that a qualified solo parent employee is entitled to a parental leave of not more than seven working days every year. This seven-day parental leave shall be non-cumulative and in addition of other leave privileges under existing laws. (Sec. 18, and Sec. 21, Id.) And in order to avail the solo parent leave, the solo parent has to render at least one (1) year of service whether continuous or broken; notify the employer of the availment of the leave within reasonable time; and present a solo parent identification card issued by the local social welfare and development office. (Sec. 19, Id.) Therefore, you may advice your ex-boyfriend to comply with these requirements so that he can be legally entitled to avail the leave benefits under the Solo Parent Act.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.