Paternity Leave; Period within which to Avail
CSC Resolution No. 1501531 amends Section 20 of the Omnibus Rules on Leave regarding Paternity Leave for civil service employees in the Philippines. The amendment specifies that married male employees are entitled to seven days of paternity leave, which must be taken either continuously or intermittently around the time of childbirth or miscarriage. Importantly, this leave is non-cumulative, cannot be converted to cash, and must be availed of within sixty days following the child's delivery. The resolution aims to align public sector paternity leave policies with those in the private sector, enhancing support for new fathers. The amendment will take effect 15 days after publication.
December 21, 2015
CSC RESOLUTION NO. 1501531
AMENDMENT TO SECTION 20 OF THE OMNIBUS RULES ON LEAVE
| RE | : | Paternity Leave; Period within which to Avail |
WHEREAS, Section 12 (2), Chapter 3, Subtitle A, Title I, Book V of Executive Order No. 292 conferred on the Civil Service Commission the power and function to "prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws";
WHEREAS, it is the Commission's mandate to formulate rules and regulations on the entitlement to leave of officers and employees in the civil service;
WHEREAS, Republic Act No. 8187 (Paternity Leave Act of 1996) is enacted to grant paternity leave of seven (7) days with full pay to all married male employees in the private and public sectors to enable the married male employee to effectively render support, provide care and assistance to his wife in her period of recovery and/or in the nursing of their newly-born child;
WHEREAS, Section 4 of RA No. 8187 provides that the Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the Secretary of Health shall issue the necessary rules and regulations for the implementation of the law;
WHEREAS, Joint CSC-DOH Memorandum Circular No. 1, s. 1996, Implementing Rules and Regulations of RA No. 8187, was issued by then CSC Chairperson Corazon Alma G. de Leon and then DOH Secretary Carmencita M. Reodica;
WHEREAS, the Commission, through Resolution No. 98-3142, adopted the amendments to Rule XVI (Leave) and the definitions of leave terms under Rule I of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (EO 292), otherwise known as the Omnibus Rules on Leave;
WHEREAS, Section 19 of the Omnibus Rules on Leave provides for the conditions for the grant of Paternity Leave;
WHEREAS, Section 20 of the same Rules provides that Paternity Leave of seven (7) days may be enjoyed either in a continuous or in an intermittent manner by the employee on the days immediately before, during and after the childbirth or miscarriage of his legitimate spouse;
WHEREAS, the said Omnibus Rules does not specify the exact period within which the said leave may be availed of; CScaDH
WHEREAS, Section 5 (Availment of the Implementing Rules and Regulations of Republic Act No. 8187 for the Private Sector) provides that Paternity Leave shall be availed of not later than sixty (60) days after the date of the child's delivery;
WHEREAS, there is a need to harmonize the policy on availing of Paternity Leave in the public sector with that of the private sector;
WHEREFORE, the Commission hereby RESOLVES to amend Section 20 of the Omnibus Rules on Leave, to read, as follows:
"Section 20. Paternity Leave: Non-Cumulative/Non-Commutative.—
Paternity leave of seven (7) days shall be non-cumulative and strictly non-convertible to cash. The same may be enjoyed either in a continuous or in an intermittent manner by the employee on the days immediately before, during and after the childbirth or miscarriage of his legitimate spouse. Said leave shall be availed of not later than sixty (60) days after the date of the child's delivery."
All rules, regulations and issuances which are inconsistent herewith are hereby repealed, amended or modified accordingly.
This Resolution shall take effect fifteen (15) days after its publication.
Quezon City.
(SGD.) ALICIA DELA ROSA-BALAChairperson
(SGD.) ROBERT S. MARTINEZCommissioner
(SGD.) NIEVES L. OSORIOCommissioner
Attested by:
(SGD.) DOLORES B. BONIFACIODirector IV
Published in The Philippine Star on January 7, 2016.