Philippine Bar review · Question

Practice question: Paternity Leave (RA 8187)

Multiple Choice Hard

Practice question

A married employee cohabiting with his legitimate spouse already availed of leave for three live deliveries. She later suffers a miscarriage, and the applicable notification and other requirements are satisfied. The employer argues miscarriage never counts as delivery and can never support paternity leave. Which is correct?
  1. Only live births can ever qualify
  2. Miscarriage is expressly included, so the stated fourth qualifying delivery can support the statutory benefit
  3. A miscarriage automatically grants sixty paternity days
  4. The employer may choose its own definition of delivery
  5. The father must first terminate his employment

Legal references

  • RA8187, Sections 2–3: https://lawphil.net/statutes/repacts/ra1996/ra_8187_1996.html

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