Paternity Leave Report - Elly Banjao

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R.A. No. 8187: Paternity Leave Act of 1996 A. Republic Act. No. 8187 In relation to the maternity leave benefits treated in Art 133 of the Labor Code, there is a need to discuss paternity leave benefit granted under R.A. No. 8187. This is an Act granting paternity leave of seven days with full pay to all maried male employees in the private and public sectors for the first four deliveries of the legitimate spouse with whom he is cohabiting and for other purposes, otherwise known as the Paternity
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  R.A. No. 8187: Paternity Leave Act of 1996 A. Republic Act. No. 8187 In relation to the maternity leave benefits treated in Art 133 of the Labor Code, there is aneed to discuss paternity leave benefit granted under R.A. No. 8187. This is an Act grantingpaternity leave of seven days with full pay to all maried male employees in the private and publicsectors for the first four deliveries of the legitimate spouse with whom he is cohabiting and for other purposes, otherwise known as the Paternity Leave Act of 1996 which was approved byPres. Fidel Ramos on June 11, 1996.On March 13, 1997, the Department of Labor and Employment and Department of Health jointly issued the Revised Implementing Rules and Regulations of Republic Act No. 8187. B. Seven-Day Paternity Leave Notwithstanding any law, rules and regulations to the contrary, every married employeein the private and public sectors is entitled to a paternity leave of seven days with full pay for thefirst four deliveries of the legitimate spouse with whom he is cohabiting. The male employeeapplying for paternity leave should notify his employer of the pregnancy of his legitimate spouseand the expected date of such delivery.Paternity leave benefits are granted to the qualified employee after the delivery by hiswife, without prejudice to an employer allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days should not exceed sevendays for eachdelivery. In the event that the paternity leave benefit is not availed of, said leave shall not beconvertible to cash. C. Definition of Paternity Leave Paternity leave refers to the benefits granted to a married male employee allowing him tonot to report for work for seven days but continues to earn the compensation therefor, on thecondition that his spouse has delivered a child or suffered miscarriage for purposes of enablinghim to effectively lend support to his wife in her period of recovery and/or in the nursing of thenewly-born child. D. Definition of Delivery The term delivery includes childbirth or any miscarriage. E. Definition of Spouse Spouse refers to the lawful wife. For this purpose, lawful wife refers to a woman who islegally married to the male employee concerned. F. Definition of Cohabiting Cohabiting refers to the obligation of the husband and wife to live together.  G. Who may violate this law? They may be any:1. Person2. Corporation3. Trust4. Firm5. Association6. Entity H. What is the Punishment for violating the Act? It could be:1. Fine not exceeding P25,000 or 2. Imprisonment of not less than 30 days nor more than 6 months.To whom shall the penalty of imprisonment be imposed if the violation is committed by acorporation, trust or firm, partnership, association or any other entity?It shall be imposed on the entity's responsible officers, including but not limited to:1. President2. Vice-president3. Chief executive officer 4. General manager 5. Managing director or 6. Partner directly responsible thereof  I. Non-Diminution Clause Nothing in R.A. No. 8187 and its rules shall be construed to reduce any existing benefitsof any form granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee. General Literature: Paternity Leave as Kind of Parental leave Parental leave is anemployee benefitthat provides paid or unpaid time off work to care for achild or make arrangements for the child's welfare. Often, the term parental leave includesmaternity,paternity, andadoption leave. Often the minimum benefits are stipulated by law. Variation in international law In most countries, paid parental leave (typically maternity leave) is available for those who haveworked for their current employer for a certain period of time.   National laws vary widely accordingto the politics of each jurisdiction.  Only four countries have no national law mandating paid time off for new parents:Liberia, Papua New Guinea, Swaziland,and theUnited States. [2] In the U.S., theFamily and Medical Leave Actof 1993 (FMLA) mandates up to 12 weeks of (potentially unpaid) job-protected leave, includingparental leave, for many American workers. Subnational laws also vary; for example the U.S.state of California does mandate paid family leave, including parental leave for same-sexpartners.Legal requirements for parental leave benefits do not always reflect actual practice. In somecountries with relatively weak requirements, individual employers choose to provide benefitsbeyond those required by law. In some countries, laws requiring parental leave benefits arewidely ignored in practice. Benefits in a selection of countries A large majority of countries provide more than 10 paid weeks maternity leave. Only four providenone. Europe Demonstration for parental leave in theEuropean Parliament.Central European countries are the most dedicated countries in the world regarding parentalleave. In theCzech Republic and Slovakia,it is standard that mothers stay at home for 3 years with every child. All mothers can decide to take 2, 3 or 4 years of maternity leave. It is alsopossible for the fathers to take the leave instead of the mothers but it is not common. For thewhole period mothers are supported by the state. Also, in Slovakia the standard duration of  parental leave is 3 years; for a handicapped child it is up to 6 years. The state pays support of 256 Euros per month for the child's first 2 years. After this period it is 164.22 Euros per month.   Asimilar model is also used inAustriawhere mothers can choose between 1 and 3 years.Swedenis one country which provides generous parental leave: all working parents are entitledto 16 months paid leave per child, the cost being shared between employer and the state. Toencourage greater paternal involvement in child-rearing, a minimum of 2 months out of the 16 isrequired to be used by the minority parent, in practice usually the father, and some Swedishpolitical partieson the political leftargue for legislation to oblige families to divide the 16 months equally between both parents. [3]  Norway also has similarly generous leave. InEstoniamothers are entitled to 18 months of paid leave, starting up to 70 days before due date. Fathers areentitled to paid leave starting from the third month after birth (paid leave is however available toonly one parent at a time).In theUK, all female employees are entitled to 52 weeks of maternity (or adoption) leave, 39weeks of which is paid, rising to 52 weeks paid from April 2010, with the first six weeks paid at90% of full pay and the remainder at a fixed rate. Most employers offer a more generous policy.Annual leave continues to accrue throughout the maternity leave period. A spouse or partner of the woman (including same-sex relationships) may request a two week paid (at a fixed rate)paternity leave. Both the mother and her partner can additionally request non-paid parental leave,which can be for up to 4 weeks annually, with a current limit of 13 weeks.  CountryPaid maternityleavePaidmaternity(% of annual)Paid paternityleaveUnpaidmaternityleaveUnpaidpaternityleaveRestrictions Albania1 year 80%before birth and150 days, 50%for the rest62%Austria16 weeks 100%31%between 1 and3 yearsdepending onchosenpayment(percentage of last income for one year; ca. €436/month for three years)Belarus126 days 100%35%Belgium15 weeks 82%for 30 days, 75%thereafter 77%10 day (3 daysarecompulsory) [1] 7 days but82% paid outby healthinsurancefundBulgaria1 year 100%;2nd year at minsalary130%father or agrandparentcan take thematernity leaveinstead of themother 6 months tobe used untilthe childturns 86 months tobe used untilthe child turns8Cyprus16 weeks 75%23%CzechRepublic28 weeks (6-8weeks beforebirth) ~70%; &parental leaveup to 2/3/4 yearsof age of thechild (approx.633/422/211$ amonth). Can betaken by either of the parents or by both at thesame time (butonly one willreceive themonetarysupport).38%Denmark52 weeks. 18 tobe taken by themother, 2 weeksby the father, therest as they seefit.100%2 weeks of the52 weeks paidleave isreserved for the father.Estonia140 days(100%), 154days in the caseof multiple birthor medicalcomplications [6] 38%14 days,expires after 6months after child's birth3 yearsFinland105 days 80%,followed byshare of 158days with father 58%18 days, canshare 158 dayswith mother after maternityleaveUntil childturns 3Until childturns 3France16 weeks(100%) rising to31%3 days + 11consecutiveShare of 104weeks (2Share of 104weeks (2
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