According to the Law: Who does the Law Recognize as a Solo Parent?

Q:
“Great Morning Atty. Real!  In the parental leave for a solo parent, who falls under the category “solo parent”?

I’m a single mother and I have already applied for my benefits. I have received a letter from DOLE stating that all single parents must have parental leave and a flexible schedule as much as possible. I forwarded that email from DOLE to my employer, and they said that they will review first and will coordinate this to their lawyer. It has been a few months and until now, even with my constant follow up, I still haven’t received any feedback. I had an agreement with them that in the meantime while they are checking, I will be using my Vacation Leaves first and will offset this with the parental leaves when they have clarified with DOLE.

How long should I wait for feedback? What should be my next step?” - Mommy-in-waiting


A:
Dear Mommy-in-waiting,

Section 6 of the Act defines who is a solo parent; among them:

• An unmarried mother/father who has preferred to keep and rear his/her child/children instead of having others care for them or give them up to a welfare institution;
• Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or absence that lasts for at least one (1) year

Under this Section, even a father may be considered a solo parent “if he is left solo or alone with the responsibility of parenthood” due to any of the following:

• Death of spouse
• Detention or service of sentence of the spouse for a criminal conviction for at least one year
• Physical and/or mental incapacity of spouse as certified by a public medical practitioner
• Legal separation or de facto separation from spouse for at least one year provided that he is entrusted with the custody of the children
• Declaration of nullity or annulment of marriage as decreed by a court or by a church, provided that he is entrusted with the custody of the children
• Abandonment of spouse for at least one year

 

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A father whose situation falls under any one of the above categories is also entitled to a paternity leave (in addition to leaves granted under existing laws) as granted under the Implementing Rules and Regulations of Republic Act No. 8972, otherwise known as “Solo Parents Welfare Act of 2000”.

Parental leave is granted to solo parents under this Act. This is equivalent to not more than seven days paid leave in addition to leaves granted under existing laws. (Section 8).

Section 19 lays down the conditions for entitlement of Parental Leave -

• At least one year of service with employer whether continuous or broken;
• Notice within reasonable time of availment of leave;
• Presentation of a Solo Parent Identification Card

If the above conditions are met, then there should be no problem for a solo parent to avail of a parental leave, which is not more than seven working days every year. Parental leave is non-cumulative.

If the above conditions are met and still the employer denies the solo parent his/her right under the Solo Parents’ Welfare Act of 2000, then parental leave may be used as basis for the computation of damages for employer’s non-compliance to the law. (Section 20).  Otherwise, parental leave, in case of non-availment within the year, is not convertible to cash.

To answer your query, it is best that you first comply with the conditions provided under Section 19 by securing a Solo Parent Identification Card from the Department of Social Welfare in your location.  Having a card may entitle you to the other benefits under the Act. The Department of Social Welfare can guide you through this process.

Secondly, as you said, you already enjoy paid vacation leaves under your company policy. Under Section 21 of the Implementing Rules, vacation leaves (as granted under company policies) or union leaves (as granted under the collective bargaining agreement) are already creditable as parental leave. Where the company leave or union leave is more than 7 days then that should prevail.

For your enlightenment, it is best that you consult your HR Manager, and visit the Department of Social Welfare in your area so that you would know how to get a Solo Parent Identification Card.

Good luck!

 

You may also want to read:

According to the Law: Flexible Time for Solo Parents

How to Get a Solo Parent ID

 

Photo from sxc.hu