Solo Parents Act

Someone asked me, "I have a friend who...

was widowed recently. Is her employer required to give her leave to take care of her young children under the Solo Parent Act?"

My answer is it depends on what leave benefits the company has. Under RA 8972 or the Solo Parent Act http://www.lawphil.net/statutes/repacts/ra2000/ra_8972_2000.html, the employer is required to grant a 7 day Parental Leave to a solo parent to enable said parent to perform parental duties and responsibilities where physical presence is required.

Solo Parent is defined under Sec. 3 of the law as any individual who falls under any of the following categories:
(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) ... while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
(4) ... due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;
(5) ... 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) ... 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) ... 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.

A solo parent shall apply for a Solo Parent Identification Card (Solo Parent ID) from the City/Municipal Social Welfare and Development Office. Once the solo parent ID is issued by the city/municipal social welfare and development officer, a solo parent can apply for the Parental Leave. If the widow qualifies under the above enumeration and has secured her Solo Parent ID, then she can avail of this benefit, over and above those granted by law.

However, under the implementing rules http://www.dswd.gov.ph/images/articles/IRR-SoloParent.pdf Section 21, crediting of existing leave is allowed. If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail. Provided however, that emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave.

In other words, if the existing benefits of the company is over and beyond the 7 day parental leave, then there is no need to give additional 7 days leave. Therefore, the 7 day leave is not automatic but subject to the qualifications required, the securing of the ID, and the crediting of existing leave.

A change in the status or circumstance of the parent claiming benefits under the Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.