Dear PAO,
My husband abandoned me in 2009, and I have since then been the only one supporting our two minor children. How can I avail of the parental leave for solo parents?

Monica

Dear Monica,
Republic Act (R.A.) No. 8972 or the Solo Parents’ Welfare Act of 2000 was enacted to provide assistance to solo parents in their responsibilities in caring and rearing for their family. You are considered a solo parent since you are left alone with the responsibility of parenthood due to the abandonment of your spouse in 2009 (Section 3(a), R.A. No. 8972). As such, you are entitled to all the benefits granted by the said act.

Among the benefits granted to solo parents by the Solo Parents’ Welfare Act of 2000 is parental leave. It is given to solo parents to enable them to perform parental duties and responsibilities where physical presence is required (Section 3(c), RA No. 8972). It consists of an additional seven (7) working days of leave granted every year to any solo parent employee who has rendered service of at least one (1) year (Section 8, R.A. No. 8972).

A solo parent who wishes to avail of the parental leave benefit shall meet the conditions set forth in Section 19 of the Rules and Regulations Implementing R.A. No. 8972, to wit:

“Section 19. Conditions for Entitlement of Parental Leave – A solo parent shall be entitled to parental leave provided that:

a. He/She has rendered at least one (1) year of service whether continuous or broken at the time of the affectivity of the Act;

b. He/She has notified his/her employer of the availment thereof within a reasonable time period; and

c. He/She has presented a Solo Parent Identification Card to his/her employer.”

If the solo parent employee already has an existing or similar benefit under a company policy, collective bargaining agreement or collective negotiation agreement, the same shall be credited as such. The existing benefit shall prevail if it be greater than the seven (7) days of parental leave provided under the law. However, emergency or contingency leave provided under company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under the Solo Parents’ Welfare Act and its implementing rules and regulations (Section 21, Rules and Regulations Implementing RA No. 8972).

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.