Dear Atty. Kathy,

I am a solo parent-employee in Company A. My manager declined my application for solo parent leave concerning my child’s medical needs because according to her, we already have 10 emergency leave credits which I can make use of.

However, I already used up all my emergency leave credits. Am I no longer entitled to solo parent leave?

Akira

Dear Akira,

Republic Act 8972 (RA 8972), or the Solo Parents’ Welfare Act of 2000, provides that in addition to leave privileges under existing laws, parental leave of not more than seven working days every year shall be granted to any solo parent employee who has rendered service of at least one year (Section 8).

Further, the Revised Implementing Rules and Regulations of RA 8972, provides that if there is an existing or similar benefit under a company policy, the same shall be created as such. If the same is greater than the seven days provided for in RA 8972, the greater benefit shall prevail. Emergency or contingency leave provided under a company policy, however, shall not be credited as compliance with parental leave provided for under RA 8972 (Section 25).

Since the parental leave is granted in addition to leave privileges; and emergency or contingency leave cannot be credited as parental leave, Company A is still required to grant you parental leave whenever applicable, on top of the emergency leave.

Atty. Kathy Larios