Solo parents entitled to 7 parental leaves

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Persida Acosta

Persida Acosta

Dear PAO,
How many additional leaves are granted to solo parents? Is this rule applicable only to women who have been abandoned by the father of their children?
MCL

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Dear MCL,
Pursuant to Section 8 of Republic Act (R.A.) No. 8972 or the Solo Parents’ Welfare Act of 2000, solo parents who have rendered service for at least one (1) year shall be given, in addition to leave privileges under existing laws, a parental leave of not more than seven (7) working days every year. This privilege shall not be extended exclusively to women who have been abandoned by the father of their children. Any of the following are considered to be solo parents who are qualified to all the benefits provided under the Solo Parents’ Welfare Act of 2000: 1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; 2) Parent left solo or alone with the responsibility of parenthood due to death of spouse; 3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; 4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; 5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children; 6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; 7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year; 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.

To be entitled to the aforementioned parental leave, the solo parent shall comply with the following requirements: 1) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the affectivity of the Act; 2) He/She has notified his/her employer of the availment thereof within a reasonable time period; and 3) He/She has presented a Solo Parent Identification Card to his/her employer (Section 19, Implementing Rules and Regulations of R.A. No. 8972).

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

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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1 Comment

  1. Jailyn L. Cabugao on

    With regards to this article (Solo parents entitled for addl 7day leave), are parents especially mothers whose husbands are OFWs (with at least once a year or once every 2yrs vacation only) considered solo parents also? (Solo Parents Welfare Act of 2000 #9)