Philippine Bar review · Question

Practice question: Paternity Leave (RA 8187)

Multiple Choice Hard

Practice question

A qualifying employee has a lawful preexisting paid leave benefit more generous than RA8187. The employer treats the Act as a mandatory uniform cap and withdraws the excess solely for that reason. Which analysis follows Section6?
  1. The Act cannot be construed to reduce the existing benefit
  2. The Act compels equal downward reduction of every policy
  3. Statutory leave always cancels contractual improvements
  4. Existing benefits are protected only if unpaid
  5. The employer’s new preference repeals Section6

Legal references

  • RA8187 Sections2–3 and6: https://lawphil.net/statutes/repacts/ra1996/ra_8187_1996.html

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