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According to the Law: “What is Parental Leave as a solo parent?”“I heard about parental leaves being granted to solo parents like me. What exactly is it?
A solo parent has the obligation to raise his/her child as a productive citizen of our country.
In return, our government recognizes the need to support the plight of solo parents not only in terms of financial needs but in ensuring that they are given the opportunity to develop their capabilities as responsible parents.
Various rights are granted to solo parents under the Solo Parents’ Welfare Act of 2000. Among these is the right to a parental leave which is provided under Section 8 of the Act as follows:
“Parental Leave. – In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service for at least one (1) year.”
The lead agencies tasked to implement the Solo Parents’ Welfare Act of 2000 released these Implementing Rules and Regulations (IRR) of RA 8972. Under these rules, parental leave may be availed on these conditions:
a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity of the Act;
b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and
c) He/She has presented a Solo Parent Identification Card to his/her employer.
The following constitute the other provisions in the IRR:
1) Parental leave is not convertible to cash;
2) Parental leave may be the basis of computation of damages where employer fails to comply with the law;
3) Existing company leaves similar to parental leave may be credited as such. If the former is greater than the 7-days provided under the Act, the greater benefit prevails
4) Emergency or contingency leave provided by employer is not credited as parental leave
5) Parental leave is non-cumulative.
Knowing your rights is the first step to responsible parenting.
For queries regarding Solo Parent Identification Card (Solo Parent ID) [read about how to get one here], please visit the Social Welfare and Development Office in your Municipality or City.
Atty Cecilia Real holds a degree in Bachelor of Laws from the Ateneo de Cagayan – Xavier University in Cagayan de Oro. She has been a member of the Integrated Bar of the Philippines since 2000. She is also a corporate lawyer, an educator, and a single parent to her 4 children, who are all in college.
Send in your questions on family law to email@example.com and Atty. Real will answer them through the smartparenting.com.ph website.
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