105 days: Diokno files PAPA Leave Bill

MANILA, Philippines — Fathers in the Philippines could be entitled to up to 105 days of paid paternity leave under a new measure filed in the House of Representatives that seeks to place paternal benefits on par with existing maternity leave laws.

Akbayan Rep. Chel Diokno seeks to grant fathers 90 continuous days of paid leave following a live childbirth and an additional 15 days of flexible paid parental leave within the child’s first year, bringing the total to 105 days.

In his House Bill 9891, or the Paternity and Parental Leave Act (PAPA Leave Act), Diokno proposes a massive expansion from the current seven days of paid leave legally mandated for married fathers.

In cases of miscarriage or emergency termination of pregnancy, fathers would be entitled to 60 continuous days of paid leave.

However, the proposal comes with a strict legal caveat: fathers who avail themselves of the expanded leave but fail to actively care for or support the child during that period will be deemed liable for violence under Republic Act 9262 or the Anti-Violence Against Women and Their Children Act of 2004.

“By investing in shared parenting, this measure advances gender equality, improves child and family wellbeing and strengthens labor force participation. It affirms that childcare is not solely the responsibility of women, but a shared parental duty that must be actively supported by the State,” Diokno said.

Diverging from current labor codes, the PAPA Leave Act removes the marriage requirement, extending the benefit to non-marital fathers and alternative caregivers. 

The bill also broadens coverage to include workers in the informal economy and voluntary members of the Social Security System (SSS), subject to specific contribution requirements.

For the private sector, employers would be required to advance the paternity leave pay, which will then be fully reimbursed by the SSS.

To protect workers, the measure explicitly prohibits employers from demoting, dismissing or discriminating against employees who take the leave. 

Erring employers face stiff penalties, including fines, imprisonment and the potential revocation of their business permits.

Diokno filed the measure alongside fellow Akbayan Reps. Percival Cendaña and Dadah Kiram Ismula along with Dinagat Islands Rep. Kaka Bag-ao.