• According to the Law: Solo Parent Leave

    Can an employer decline an application for solo parent leave?
    by Atty. Nikki Jimeno .
  • solo parent

    Q:
    Hi, Smart Parenting! I'm a 24-year old single mom working in a BPO company. I need your advice regarding my situation.
     
    When I filed a solo parent leave so I could submit my daughter's school requirements, our HR officer asked me to specify what kind of documents I will be filing, as proof. I replied that I needed to get a copy of her baptismal certificate, but she declined my request and advised me to file a vacation leave instead.
     
    Was it right for the HR officer to ask me for a proof, and to decline my leave application? If so, what are the reasons that will make a solo parent leave request valid or invalid?

    Thanks and have a blessed day.

    Kris


    A:

    Hello Kris! It’s good that you are already aware of the law for solo parents and the benefits therein. There are still a lot of single parents out there who do not know that such a law exists, so they have not been able to avail of the benefits to which they are entitled.

    Republic Act 8972, or the "Solo Parents' Welfare Act of 2000", was enacted to provide a comprehensive program of services for solo parents and their children. This law covers fathers or mothers who raise their children by themselves, either because of the death of a spouse, abandonment, separation, or even those who have children as a result of rape. This law also considers as a solo parent those who are left to care for children not their own, such as nephews, nieces, or godchildren. So long as you are a person solely responsible for the upbringing of a child, you are considered a solo parent under this Act.

    Because the law recognizes the difficulty of raising children single-handedly, single parents are entitled to certain benefits. These include:
    (1) a flexible work schedule,
    (2) protection against discrimination in the work place, and
    (3) an additional seven-day parental leave on top of the leave privileges existing under law.

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