Solo Parent Welfare Act of 2000

Republic Act No. 8972

 Solo Parent Welfare Act of 2000

 An act providing for benefits and privileges to solo

parents and their children, appropriating funds
therefor and other purposes.
 This act was approved on November 7, 2000. It is the
policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and
ensure its total development. Toward this end, it shall
develop a comprehensive program of services for solo
parents and their children to be carried out by the
non-governmental agencies.
 SOLO PARENT

Is any individual who falls under any of the following categories:

 A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender. Provided, that the
mother keeps and raises the child;
 Parent left solo or alone with the responsibility of parenthood…..
 Due to death of spouse;
 While the spouse is detained or is serving sentence for a criminal conviction for at
least one (1) year;
 Due to physical and/or mental incapacity of spouse as certified by a public
medical practitioner;
 Due to legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children;
 Due to declaration of nullity or annulment of marriage as decreed by a court or
by a church as long as he/she is entrusted with the custody of the children;
 Due to abandonment of spouse for at least one (1) year;
 SOLO PARENT

Is any individual who falls under any of the following categories:

 Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a
welfare institution;
 Any other person who solely provides parental care and support to a child
or children; provided he/she is duly licensed as a foster parent by the
DSWD or duly appointed legal guardian by the court;
 Any family member who assume the responsibility of head of the family as
as result of death, abandonment, disappearance or prolonged absence of the
parents or solo parent.
 CHILDREN

 Refer to those living with the dependent

upon the solo parent for support who are
unmarried, unemployed and below 18 years
of age, or even 18 years and above but are
incapable of self-support and/or mentally
and/or physically challenged.
 EMPLOYMENT-RELATED
BENEFITS

PARENTAL LEAVE
What is parental leave?
Parental leave is a leave guaranteed to a solo parent employee who has rendered at least
one year of service.
How many days is parental leave?
Parental leave should not be more than seven (7) working days per year.
Is the seven-day parental leave cumulative?
This is non-cumulative.
What are the requirements for availment of this leave?
The solo parent has:
1 - Rendered at least one year of service whether continuous or broken;
2 - Notified the employer within a reasonable time period; and
3 - Presented a Solo Parent Identification Card to his/her employer (while
the ID is in process, any proof may be presented)
 EMPLOYMENT-RELATED
BENEFITS

PARENTAL LEAVE
Where can a solo parent get the Solo Parent Identification Card?
The Solo Parent Identification Card may be obtained from the Municipal/Social Welfare
and Development Office.
Is the parental leave convertible to cash?
No, unless specifically agreed upon previously.
Is the employer required to provide parental leave in addition to already existing similar
benefits under a company policy or CBA?
No, the same shall be credited as cash.
If the similar benefits is greater than what the law provides, which will prevail?
The greater benefit shall prevail.
Is the emergency or contingency leave under a company policy or CBA considered
compliance with the law?
No, the same shall not be credited as compliance with the parental leave provided for under
the Act and these Rules.
 EMPLOYMENT-RELATED
BENEFITS

PARENTAL LEAVE
When can a Solo Parent avail of parental leave?
A solo parent may avail of parental leave with pay in any of the following
circumstances:
(1) when a child gets ill; (2) he/she needs to attend Parent-Teacher
Association (PTA) meetings in school; (3) for enrollment purposes;
(4) other circumstances necessary in the performance of parental duties
and responsibilities where the physical presence is required.
Are househelpers covered by RA 8972 and therefore may avail of the 7 days
parental leave?
Yes, as long as he/she falls under the definition of a solo parent under Section 3
of RA 8972; and that he/she has rendered service of at least one year.
 EMPLOYMENT-RELATED
BENEFITS

FLEXIBLE WORK SCHEDULE

What are the different types of flexible work schedules allowed by DOLE
policy?
The following are flexible work schedule allowed by DOLE:
1. Compressed Workweek – the workweek of 48 hours in six days is
compressed for 5 days, which is approximately 9.6 per day from
Monday to Friday, without payment of overtime pay in exchange for an
additional day off in a week, savings on transportation and meal
expenses, among other considerations.
2. Gliding Time Schedule – the schedule allows an employee to a flexible
punch-in time i.e. anytime from 7:00am – 9:00am and punch out after
8 hours of work.
3. Other flexible work arrangements as agreed upon by parties, provided
the minimum requirements of the law are met.
 EMPLOYMENT-RELATED
BENEFITS

FLEXIBLE WORK SCHEDULE

When can an employer provide for a flexible work schedule for solo parents?
An employer shall provide for flexible work schedule when requested by a solo
parent employee provided the same shall not affect individual and company
productivity.
Can an employer refuse to grant a request of a solo parent for a flexible work
schedule?
Yes, the employer may seek exemption from the DOLE Regional Office having
jurisdiction over the workplace provided it is based on meritorious grounds.
 EMPLOYMENT-RELATED
BENEFITS

WORK DISCRIMINATION
Can an employer discriminate against an employee on account of being a solo
parent?
No employer shall discriminate a solo parent employee with respect to terms and
conditions of employment on account of his/her being a solo parent.

TERMINATION OF THE BENEFITS

When can the solo parent benefits be terminated?
A change in the status or circumstance of the parent claiming the benefits under
RA 8972 such that he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for these benefits.
 EMPLOYMENT-RELATED
BENEFITS

EXISTING STATUTORY BENEFITS RELATED TO MATERNITY

PROTECTION/PARENTAL RESPONSIBILITY
What is maternity benefit?
The maternity benefit is a daily cash allowance granted to a married or
unmarried female SSS member who was unable to work due to childbirth or
miscarriage.The maternity leave is equivalent to 60 days for normal delivery or
miscarriage, 78 days for caesarian section.
Is a female solo parent also entitled to maternity benefit?
Yes, an employed SSS member who is a female solo parent is entitled to
maternity benefit provided she has paid at least 3 monthly contributions to the
Social Security System within the 12-month period immediately preceding the
semester of her childbirth or miscarriage and she has given the notification of
her pregnancy through her employer. A self-employed female member of the
SSS is likewise entitled to maternity benefits, provided that she meets the
qualifying contributions under RA 8282.
 EMPLOYMENT-RELATED
BENEFITS

EXISTING STATUTORY BENEFITS RELATED TO MATERNITY

PROTECTION/PARENTAL RESPONSIBILITY
What is paternity leave?
Paternity leave is a leave benefit granted to a married male employee allowing
him not to report for work for 7 days but continues to earn compensation, on the
condition that his spouse has delivered a child or suffered a miscarriage for
purpose of enabling him to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly born child.
Is a male solo parent entitled to paternity leave?
No, only married male employee shall be entitled to a paternity leave of 7 days
with pay for the first four deliveries of the legitimate spouse with whom he is
cohabiting.
Can a married male employee avail of parental leave?
Yes, provided he falls under the definition of a solo parent.