According to the Law: Solo Parent Leave

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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Solo parents who meet the criteria given by the law on housing assistance (RA 7279) shall also be granted housing benefits. Medical assistance and health programs are likewise given to single parents and their children. In addition, “Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA)… shall be eligible for assistance”, and the DSWD shall provide for livelihood and counseling services, too. Lastly, qualified solo parents are given the option to avail of scholarships for basic, tertiary and technical/skills education, or non-formal education programs for themselves and their children.

Now to answer your question: No, to avail of your parental leave benefit, the company does not need to ask you for the reason for such leave, and proof is not necessary. Under the law, you are entitled to your parental leave, provided that:

(a) You have rendered at least one (1) year of service in the company, whether continuous or broken;
(b) You have notified your employer of the availment thereof within a reasonable time period; and
(c) You presented a Solo Parent Identification Card to your employer.

As long as you have complied with these three requirements, then your company has no choice but to grant your parental leave. It’s clear that the law does not require you to specify a reason for using the parental leave - thus, your employer cannot ask you to do so. 

If you don’t have a Solo Parent ID yet, you can apply for one at your City/Municipal Social Welfare and Development Office. You will need to bring an affidavit of a solo parent from your city councilor as well as a barangay certificate attesting to your status as a single parent. Keep in mind that the Solo Parent ID needs to be renewed every year.

Atty. Nikki Jimeno

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