Solo Parent Act

PERKS OF WORKING WOMEN

REPUBLIC ACT NO. 8972, OTHERWISE KNOWN AS THE
SOLO PARENT ACT

It is a policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, the State has developed a comprehensive program of services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE), and other related government and nongovernment agencies.

What is Republic Act No. 8972?
Republic Act No. 8972, also known as the Solo Parent Act, is an Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds therefor and for other purposes.

Who may be considered as a Solo Parent?
Any individual who falls under any of the following:
A rape victim, and as a result, gave birth to a child, even without a final conviction of the offender: Provided, that the mother keeps and raises the child;
• A Parent left solo or alone with the responsibility of parenthood due to death of spouse;
• A Parent left solo or alone with the responsibility of parenthood while the spouse is detained, or is serving sentence for a criminal conviction for at least one (1) year; (whether or not a final judgment has been rendered, provided they are in detention for a minimum period of one (1) year);
• A Parent left solo or alone with the responsibility of parenthood due to the fact that
your spouse is physically and/or mentally incapacitated as certified by a public medical practitioner;
• One who is legally separated or separated in fact, for at least one (1) year: Provided, that he or she is entrusted with the custody of the children;
• One whose marriage has been annulled: Provided, that he/she is entrusted with the custody of the children;
• One who is abandoned by your spouse for at least one (1) year;
• An unmarried mother/father who has preferred to keep and rear his/her child/children instead of having others care for them or give them up to a welfare institution; or
• A Foster parent by the DSWD, who are duly appointed as legal guardians by the Court.

What are the benefits of Solo Parents under the Solo Parent Act?
A. Leave credits;
B. Flexible work schedule;
C. Educational assistance for the children of the qualified Solo Parents; and
D. Financial support for qualified Solo Parents.

What are the requirements to avail of the Solo Parent ID?
Requirements/qualifications:
a. Barangay certification of proof of residency for the last six (6) months;
b. Fill out the Solo Parent Application Form in your Municipality or City where the Solo Parent resides;
c. Necessary documents for being a Solo Parent (birth certificate, death certificate of spouse, etc.); and
d. Assessment of a social worker.

➢ The ID will be issued after thirty (30) days from filing. The validity of the ID is one
(1) year, and it is renewable.

Who is considered as a “Child” under the Solo Parent Act?
A child must be:
Living with the Solo Parent;
• Must be dependent for support; and
• Must be unmarried, unemployed and below eighteen (18) years old.

What if a Child is already over eighteen (18) years old?
A person who is over eighteen (18) years old may still be considered as a “Child” for the purposes of the Solo Parent Act, so long as he/she must be incapable of self-support and/or mentally and/or physically challenged.

What if there is a change in the status or circumstances of a Parent which previously qualified him/her for the Solo Parent benefits?
A change in the status or circumstance of the parent claiming benefits under the Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

A. SOLO PARENT LEAVE CREDITS
The Solo Parent my avail of the Parental Leave of not more than seven (7) working days every year. (With a Solo Parent ID)
Provided that:
• The Solo Parent has rendered at least one (1) year of service, whether continuous or broken;
• The Solo Parent has notified his/her employer of the availment thereof within a reasonable time period; and
• The Solo Parent has presented a Solo Parent Identification Card to his/her employer.
➢ Non-convertible
➢ Should the Company have the same benefit, and the same is greater than seven (7) days, the greater benefit will be given to the Solo Parent.

B. FLEXIBLE WORK SCHEDULE
Qualifications:
• The work schedule shall not affect the individual and company productivity.
• For meritorious grounds, the Company may ask for exemption from the DOLE.

C. EDUCATIONAL ASSISTANCE provided by (DEPED, CHED, and TESDA)
Benefits:
• Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and
• Non-formal education programs appropriate for solo parents and their children.

Application procedure:
• Applicant must secure an application form from either DepEd, CHED and TESDA depending on their needs;
• Submit the duly accomplished application form together with the required documents to the appropriate agency.

Documentary requirements for the Educational Assistance:
• Solo Parent Identification Card
• Barangay Clearance
• Birth Certificate
• Notice of admission from the school
• Original or Certified True Copy of the transcript of record, or the
• Report Card of the last year the applicant attended school.
➢ This will vary depending on the government agency (DEPED, CHED, and TESDA) concerned.

D. Financial Assistance
Requirements:
• A parent whose income in the place of his/her residence must be below the poverty threshold as set by the National Economic Development Authority (“NEDA”), subject to the assessment of the DSWD worker assigned in your area.

REPUBLIC ACT NO. 9710, OTHERWISE KNOWN AS THE
MAGNA CARTA OF WOMEN

Republic Act No. 9710, also known as the Magna Carta of Women, affirms the role of women in nation building and ensures the substantive equality of women and men.

The State shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.

What is Republic Act No. 9710?
Republic Act No. 9710, or The Magna Carta of Women, is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sector.

What is the Special Leave Benefit for Women under the Magna Carta of Women?
• This refers to a female employee’s leave for two (2) months with full pay, based on her gross monthly compensation.
➢ Non-commutable
Two (2) months means sixty (60) calendar days

What are the requirements to be entitled to the Special Leave Benefit for Women?
• The female employee had her surgery caused by gynecological disorders, as certified by a competent physician.
➢A competent physician means a medical doctor preferably specializing in gynecological disorders or is in the position to determine the recuperation of the woman employee.
• She has rendered a continuous employment service with a Company for at least six (6) months for the last twelve (12) months.
• She has filed an application for special leave.

What is a Gynecological Disorder?
Gynecological Disorder is a disorder that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female productive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor.

Gynecological surgeries shall also include myomectomy, hysterectomy, ovariectomy, and
mastectomy.
➢ The comprehensive list of Surgical Operations for Gynecological Disorders is found in Civil Service Commission Memorandum Circular No. 25, Series of 2010.

How does one apply for the Special Leave Benefit?
• The employee shall file her application for leave with the employer prior to, and within a reasonable period of the expected date of surgery. (Or as provided by the Company’s rules and regulations or under a Collective Bargaining Agreement (“CBA”)).

What happens if the surgery was immediately done due to an emergency situation?
One may be exempted from giving prior written notice to the Employer.
• Prior application shall not be necessary in cases requiring emergency surgical procedure, provided however that:
➢ The employer shall be notified, verbally or in written form within a reasonable period of time, and provided that the after the surgery or recuperating, the employee shall immediately submit the prescribed application form, if any.

REPUBLIC ACT NO. 9262, OTHERWISE KNOWN AS THE
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
(“VAWC”)

It is a policy of the State to value the dignity of women and children and guarantee full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

What is Republic Act No. 9262?
Republic Act No. 9262, also known as the Violence Against Women and their Children, defines violence against women and children as “any act or a series of acts against a woman who is his wife, former wife or against a woman with whom the person has or had sexual or dating relationship, or against her child, whether legitimate or illegitimate, within or without family abode, which result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion or arbitrary deprivation of liberty”.

What are acts which constitute “Violence” under the VAWC?
Physical violence;
Sexual violence;
Psychological violence; and
Economic Abuse.

What acts are considered as Physical Violence?
• Refers to any act that includes bodily or physical harm;

What acts are considered as Sexual Violence?
• Rape;
• Sexual harassment;
• Acts of lasciviousness;
• Treating a woman or her child as a sex object;
• Physically attacking the sexual parts of the victim’s body;
• Forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof;
• Forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; and
• Inducing for Prostitution by force, threat of force, physical or other harm or threat of physical or other harm or coercion.

What acts are considered as Psychological Violence?
• Any acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to:
• intimidation, harassment, stalking, damage to –
o property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
o It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

What acts are considered as Psychological Violence?
Failure of the Child/ren’s father to provide financial support to his Child/ren;
Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; or
Destroying household property.

Who may be considered as an “offender” under the VAWC?
The Offender may be the following:
• The husband;
• Former husband;
• A person whom the woman had sexual or dating relationship; or
• A person whom the woman had a child, whether legitimate or illegitimate.
➢ Committed acts whether or not in the residence

How can I avail the VAWC leave credits?
• Requirements:
• A certification from the Barangay Chairman or Kagawad, Prosecutor, or the Clerk of Court, as the case may be, that an action or case relative to the abuse/s which are considered to be VAWC, is/are pending.
Ten (10) working days and extendible upon a court order
➢ Non commutable

REPUBLIC ACT NO. 11210, OTHERWISE KNOWN AS THE
EXPANDED MATERNITY LEAVE

Republic Act No. 8972, also known as the Solo Parent Act, recognizes the sanctity of family life and shall protect and strengthen the family as the basic autonomous social institution and that it shall equally protect the life of the mother and the life of the\ unborn from conception.

What is Republic Act No. 11210?
Republic Act No. 11210 is an Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes

LEAVE CREDITS UNDER THE EXPANDED MATERNITY LEAVE
One Hundred Five (105) calendar days + additional fifteen (15) calendar days for solo parents
• Childbirth, regardless of mode of delivery (normal or cesarean)
• The additional fifteen (15) calendar days are on top of the solo parent leave credits under the Solo Parent Act\

Sixty (60) calendar days
➢ Miscarriage or emergency termination of pregnancy

What if the Child died shortly after Childbirth? Can one still avail of the 105 days Maternity Leave?
• Yes, the point of accrual of right to avail the 105 days is upon the delivery of the child.

What if even after consuming the maternity leave, circumstances require an extension of one’s maternity leave?
• In cases of livebirth, an additional leave of thirty (30) calendar days, without pay, can be availed of, provided that the employee shall provide the following:
• Notice to the Employer in writing at least forty-five (45) days before the end of the employee’s maternity leave
• However, no prior written notice is required in the event of a medical emergency.
➢ The extended maternity leave shall not be considered as a gap in the employee’s tenure in the company.

How often can one avail of the Benefits under the Expanded Maternity Leave?
• The Expanded Maternity leave shall be granted to qualified employees in every instance of pregnancy, miscarriage, or emergency termination of pregnancy.

➢ Previously only up to four (4).

What are the requirements to avail of the Benefits under the Expanded Maternity Leave?
• She must have at least there (3) monthly contributions in the twelve (12) month period immediately preceding the childbirth, miscarriage, or emergency termination of pregnancy.
• Must have notified her employer of her probable pregnancy date. In turn, the employer shall immediately inform the SSS.

How much is one entitled to during Maternity Leave?
• The covered employee must receive her full pay.
• Full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application.

SOCIAL SECURITY SYSTEM SICKNESS BENEFIT
What is the SSS Sickness Benefit?
The SSS Sickness Benefit is a daily cash allowance paid for the number of days a member is unable to work due to sickness or injury.

Who are entitled to the SSS Sickness Benefit?
• A member is qualified to avail of this benefit if he/she:
• Is unable to work due to sickness or injury and is confined either in a hospital
or at home for at least four (4) days;
• Has paid at least three (3) months of contributions within the 12-month
period immediately preceding the semester of sickness or injury; and
• Has duly notified the SSS directly of the fact of sickness or injury.

How many days can one avail from the SSS Sickness Benefit?
• A member can be granted sickness benefit for a maximum of 120 days in one (1) calendar year.

Will the SSS provide 100% of one’s daily salary during the availment of the SSS Sickness Benefit?
➢ No, the amount of the member’s daily sickness benefit allowance is equivalent to ninety percent (90%) of his/her average daily salary credit.

Filing of Notice for the Home Confinement.
• The Form must be submitted to the SSS within five (5) calendar days after the start date of confinement.

Filing of Notice for the Hospital Confinement.
• The Form must be submitted to the SSS within one (1) year from the date of hospital discharge.

GYNECOLOGICAL LEAVE VIS-À-VIS SSS SICKNESS BENEFIT

GYNECOLOGICAL LEAVE
SSS SICKNESS BENEFIT
These two (2) benefits under the laws are different in nature.
Granted by the Employer to the Employee
Administered and is given by the SSS
Unable to work due to gynecological disorder surgery
Unable to work due to sickness or injury

What does these mean?
• Since both are different in nature, an employee who has met the requirements for each leave benefit may avail both.

GYNECOLOGICAL LEAVE VIS-À-VIS THE EXPANDED MATERNITY LEAVE

GYNECOLOGICAL LEAVE
EXPANDED MATERNITY LEAVE
Initially, both may be availed by the female employee in two separate occasions
Granted by the Employer to the Employee
Administered and is given by the SSS
Unable to work due to gynecological
disorder surgery
Unable to work due to childbirth or
miscarriage

What does these mean?
• Should the woman had undergone surgery due to gynecological disorder during her Maternity Leave, she is only entitled to the difference between the Gynecological leave and the Expanded Maternity Leave Benefit.

 

Sources:

Republic Act No. 8972, otherwise known as the Solo Parent Act
Republic Act No. 9710, otherwise known as the Magna Carta of Women
Republic Act No. 9262, Otherwise Known as The Violence Against Women and Their Children (“VAWC”)
Republic Act No. 11210, otherwise known as the Expanded Maternity Leave
Republic Act No. 11199, otherwise known as the Social Security Act
Civil Service Commission Memorandum Circular No. 25, Series of 2010
Department of Labor and Employment Department Order No. 112-A, Series of 2012