Solo Parent Welfare Act Of 2000


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Presentation prepared by Atty. Nicolas Barriatos, UP-SOLAIR

Published in: Self Improvement, Education
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Solo Parent Welfare Act Of 2000

  1. 1. Solo Parent Welfare Act of 2000 Republic Act No. 8972
  2. 2. Solo Parent Welfare Act of 2000 <ul><li>An act providing for benefits and privileges to solo parents and their children, appropriating funds therefor and other purposes. </li></ul><ul><li>This act was approved on November 7, 2000. It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Toward this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the non-governmental agencies. </li></ul>
  3. 3. SOLO PARENT <ul><li>Is any individual who falls under any of the following categories: </li></ul><ul><ul><li>A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender. Provided, that the mother keeps and raises the child; </li></ul></ul><ul><ul><li>Parent left solo or alone with the responsibility of parenthood….. </li></ul></ul><ul><ul><ul><li>Due to death of spouse; </li></ul></ul></ul><ul><ul><ul><li>While the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; </li></ul></ul></ul><ul><ul><ul><li>Due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; </li></ul></ul></ul><ul><ul><ul><li>Due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children; </li></ul></ul></ul><ul><ul><ul><li>Due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; </li></ul></ul></ul><ul><ul><ul><li>Due to abandonment of spouse for at least one (1) year; </li></ul></ul></ul>
  4. 4. SOLO PARENT <ul><li>Is any individual who falls under any of the following categories: </li></ul><ul><ul><li>Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution; </li></ul></ul><ul><ul><li>Any other person who solely provides parental care and support to a child or children; provided he/she is duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court; </li></ul></ul><ul><ul><li>Any family member who assume the responsibility of head of the family as as result of death, abandonment, disappearance or prolonged absence of the parents or solo parent. </li></ul></ul>
  5. 5. CHILDREN <ul><li>Refer to those living with the dependent upon the solo parent for support who are unmarried, unemployed and below 18 years of age, or even 18 years and above but are incapable of self-support and/or mentally and/or physically challenged. </li></ul>
  6. 6. EMPLOYMENT-RELATED BENEFITS <ul><li>PARENTAL LEAVE </li></ul><ul><li>What is parental leave? </li></ul><ul><li>Parental leave is a leave guaranteed to a solo parent employee who has rendered at least one year of service. </li></ul><ul><li>How many days is parental leave? </li></ul><ul><li>Parental leave should not be more than seven (7) working days per year. </li></ul><ul><li>Is the seven-day parental leave cumulative? </li></ul><ul><li>This is non-cumulative. </li></ul><ul><li>What are the requirements for availment of this leave? </li></ul><ul><li>The solo parent has: </li></ul><ul><li>1 - Rendered at least one year of service whether continuous or broken; </li></ul><ul><li>2 - Notified the employer within a reasonable time period; and </li></ul><ul><li>3 - Presented a Solo Parent Identification Card to his/her employer (while </li></ul><ul><li> the ID is in process, any proof may be presented) </li></ul>
  7. 7. EMPLOYMENT-RELATED BENEFITS <ul><li>PARENTAL LEAVE </li></ul><ul><li>Where can a solo parent get the Solo Parent Identification Card? </li></ul><ul><li>The Solo Parent Identification Card may be obtained from the Municipal/Social Welfare and Development Office. </li></ul><ul><li>Is the parental leave convertible to cash? </li></ul><ul><li>No, unless specifically agreed upon previously. </li></ul><ul><li>Is the employer required to provide parental leave in addition to already existing similar benefits under a company policy or CBA? </li></ul><ul><li>No, the same shall be credited as cash. </li></ul><ul><li>If the similar benefits is greater than what the law provides, which will prevail? </li></ul><ul><li>The greater benefit shall prevail. </li></ul><ul><li>Is the emergency or contingency leave under a company policy or CBA considered compliance with the law? </li></ul><ul><li>No, the same shall not be credited as compliance with the parental leave provided for under the Act and these Rules. </li></ul>
  8. 8. EMPLOYMENT-RELATED BENEFITS <ul><li>PARENTAL LEAVE </li></ul><ul><li>When can a Solo Parent avail of parental leave? </li></ul><ul><li>A solo parent may avail of parental leave with pay in any of the following circumstances: </li></ul><ul><li>(1) when a child gets ill; (2) he/she needs to attend Parent-Teacher </li></ul><ul><li> Association (PTA) meetings in school; (3) for enrollment purposes; </li></ul><ul><li>(4) other circumstances necessary in the performance of parental duties </li></ul><ul><li>and responsibilities where the physical presence is required. </li></ul><ul><li>Are househelpers covered by RA 8972 and therefore may avail of the 7 days parental leave? </li></ul><ul><li>Yes, as long as he/she falls under the definition of a solo parent under Section 3 of RA 8972; and that he/she has rendered service of at least one year. </li></ul>
  9. 9. EMPLOYMENT-RELATED BENEFITS <ul><li>FLEXIBLE WORK SCHEDULE </li></ul><ul><li>What are the different types of flexible work schedules allowed by DOLE policy? </li></ul><ul><li>The following are flexible work schedule allowed by DOLE: </li></ul><ul><li>1. Compressed Workweek – the workweek of 48 hours in six days is </li></ul><ul><li> compressed for 5 days, which is approximately 9.6 per day from </li></ul><ul><li> Monday to Friday, without payment of overtime pay in exchange for an </li></ul><ul><li> additional day off in a week, savings on transportation and meal </li></ul><ul><li> expenses, among other considerations. </li></ul><ul><li>2. Gliding Time Schedule – the schedule allows an employee to a flexible </li></ul><ul><li> punch-in time i.e. anytime from 7:00am – 9:00am and punch out after </li></ul><ul><li> 8 hours of work. </li></ul><ul><li>3. Other flexible work arrangements as agreed upon by parties, provided </li></ul><ul><li> the minimum requirements of the law are met. </li></ul>
  10. 10. EMPLOYMENT-RELATED BENEFITS <ul><li>FLEXIBLE WORK SCHEDULE </li></ul><ul><li>When can an employer provide for a flexible work schedule for solo parents? </li></ul><ul><li>An employer shall provide for flexible work schedule when requested by a solo parent employee provided the same shall not affect individual and company productivity. </li></ul><ul><li>Can an employer refuse to grant a request of a solo parent for a flexible work schedule? </li></ul><ul><li>Yes, the employer may seek exemption from the DOLE Regional Office having jurisdiction over the workplace provided it is based on meritorious grounds. </li></ul>
  11. 11. EMPLOYMENT-RELATED BENEFITS <ul><li>WORK DISCRIMINATION </li></ul><ul><li>Can an employer discriminate against an employee on account of being a solo parent? </li></ul><ul><li>No employer shall discriminate a solo parent employee with respect to terms and conditions of employment on account of his/her being a solo parent. </li></ul><ul><li>TERMINATION OF THE BENEFITS </li></ul><ul><li>When can the solo parent benefits be terminated? </li></ul><ul><li>A change in the status or circumstance of the parent claiming the benefits under RA 8972 such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. </li></ul>
  12. 12. EMPLOYMENT-RELATED BENEFITS <ul><li>EXISTING STATUTORY BENEFITS RELATED TO MATERNITY PROTECTION/PARENTAL RESPONSIBILITY </li></ul><ul><li>What is maternity benefit? </li></ul><ul><li>The maternity benefit is a daily cash allowance granted to a married or unmarried female SSS member who was unable to work due to childbirth or miscarriage.The maternity leave is equivalent to 60 days for normal delivery or miscarriage, 78 days for caesarian section. </li></ul><ul><li>Is a female solo parent also entitled to maternity benefit? </li></ul><ul><li>Yes, an employed SSS member who is a female solo parent is entitled to maternity benefit provided she has paid at least 3 monthly contributions to the Social Security System within the 12-month period immediately preceding the semester of her childbirth or miscarriage and she has given the notification of her pregnancy through her employer. A self-employed female member of the SSS is likewise entitled to maternity benefits, provided that she meets the qualifying contributions under RA 8282. </li></ul>
  13. 13. EMPLOYMENT-RELATED BENEFITS <ul><li>EXISTING STATUTORY BENEFITS RELATED TO MATERNITY PROTECTION/PARENTAL RESPONSIBILITY </li></ul><ul><li>What is paternity leave? </li></ul><ul><li>Paternity leave is a leave benefit granted to a married male employee allowing him not to report for work for 7 days but continues to earn compensation, on the condition that his spouse has delivered a child or suffered a miscarriage for purpose of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly born child. </li></ul><ul><li>Is a male solo parent entitled to paternity leave? </li></ul><ul><li>No, only married male employee shall be entitled to a paternity leave of 7 days with pay for the first four deliveries of the legitimate spouse with whom he is cohabiting. </li></ul><ul><li>Can a married male employee avail of parental leave? </li></ul><ul><li>Yes, provided he falls under the definition of a solo parent. </li></ul>