Practice question
An employee satisfies the marriage and cohabitation conditions but his spouse is undergoing her fifth delivery within the same established marriage after four earlier qualifying deliveries. He argues RA11210’s frequency rule automatically removes RA8187’s limit. No separate allocation is claimed. Which is best?
- The two statutes must always be treated as a single identical benefit
- All fathers receive the mother’s entire maternity entitlement
- RA8187’s first-four limit remains relevant to this claim; RA11210’s maternity frequency rule does not erase it
- Every employment benefit ends after four children
- The employer may also deny the mother’s otherwise qualified maternity leave
Legal references
- RA8187, Section 2; RA11210, Sections 3 and 6: https://lawphil.net/statutes/repacts/ra1996/ra_8187_1996.html
- RA11210, Sections 3 and 6: https://lawphil.net/statutes/repacts/ra2019/ra_11210_2019.html
Answer this question in flashcards to review your response and continue practicing.