SOP Amendment / Addendum

Date : 12/10/2002

SOP Amedment / Addendum No. : HR-PB37.B
Title : Addendum to the Revised SOP on Leave of Absence (Providing Parental Leave for Solo Parents)
Digest :

For the information, guidance and compliance of all concerned, hereunder is an addendum to the Revised SOP on Leave of Absence (HR-PB37, approved/issued April 24, 2002 and made effective May 1, 2002). This addendum aims to provide policies and procedures for the entitlement and availment of “parental leave” for NFA employees and officials who will fall under the categories of a “solo parent”. This is based on RA 8972 otherwise known as the “Solo Parents’ Welfare Act of 2000”.

A. DEFINITION

1. Solo parent - any individual who falls under any of the following categories:
a. 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;

b. Parent left solo or alone with the responsibility of parenthood due to death of spouse;

c. 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.

d. Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

e. Parent left solo or alone with the responsibility of parenthood 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 child/children;

f. Parent left solo or alone with the responsibility of parenthood 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 child/children;

g. Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

h. 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;

i. Any other person who solely provided parental care and support to a child/children;

j. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

2. Children (child) - refer to those who are living with and dependent upon the solo parent for support, should be unmarried, unemployed and not more than eighteen (18) years of age, or even if over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

B. GRANT OF LEAVE

1. NFA employees and officials who will fall under any of the categories of a “solo parent” and who have rendered service of at least one (1) year, shall be entitled to a “parental leave” of not more than seven (7) working days every year in addition to other leave privileges under existing laws.

2. The "parental leave" is granted to a "solo parent" to enable him/her to perform parental duties and responsibilities where physical presence is required.

3. Section 7 (Work Discrimination) of RA 8972 states that "no employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status".

4. A change in the status or circumstance of the parent claiming parental leave such that he/she is no longer left alone with the responsibility of parenthood (e.g. marriage, non-custody of the child, etc.) shall terminate his/her eligibility for this type of leave. It shall be the responsibility of the processor of ALA to monitor the eligibility of the employee/official (e.g. status, circumstance of the employee, custody of the child, age of the child which should not be over eighteen [18] years old, etc.) since all official records are available to them.

C. FILING / PROCESSING OF APPLICATION / APPROVAL

1. Application for parental leave shall be done through the usual Application of Leave of Absence (ALA). "Parental leave" shall be indicated in the appropriate portion of the ALA. Processing and approval shall be in accordance with the Revised SOP on Leave of Absence.

2. The application for this type of leave shall be submitted at least one week before the actual date of availment except in emergency cases (when the child is ill, etc.). It shall be non-cumulative, non-commutable, and may be availed either in a consecutive or in an intermittent manner.

D. SUPPORTING DOCUMENTS

1. ALAs for parental leave shall be supported by the following documents, depending upon the categories mentioned under the definition of “solo parent” (A.1 of this addendum):

Category a - Income Tax Return (ITR) showing that the employee is single and has a child eighteen (18) years old or below as a dependent (submitted on first availment only)

Category b - none (processor shall refer to office records)

Category c - Court Order of Commitment (submitted on first year of availment only); duly notarized Affidavit of claimant stating that the spouse is still detained (submitted on succeeding years of availment)

Category d - Medical Certificate and Affidavit of Claimant (submitted every year of availment)

Category e - for those who are legally separated: - Court Order and duly notarized Affidavit stating he/she is legally separated and has custody of the child/children (submitted on first year of availment); duly notarized Affidavit only (submitted on succeeding years of availment)

for those who are de facto separated: duly notarized Affidavit stating he/she is separated and has custody of the child/children (submitted every year of availment)

Category f - Court / Church Order and duly notarized Affidavit stating that claimant has custody of the child/children (submitted on first year of availment); duly notarized Affidavit only (submitted on succeeding years of availment)

Categories g, i, and j - duly notarized Affidavit stating the claimant has custody of the child/children (submitted every year of availment)

Category h - duly notarized Affidavit stating that the employee is unmarried with child / children and has custody of child or children (submitted on first availment only)

2. The above supporting documents shall be attached to the leave card and shall be referred to by the processor in the succeeding applications of the employee.

E. MISREPRESENTATION

The approving authority shall have the discretion to approve or disapprove the parental leave if there is suspicion of misrepresentation in the status or circumstance of the employee. Misrepresentation on the part of the employee shall be dealt with accordingly.

All other provisions of the Revised SOP on Leave of Absence not inconsistent with the provisions of this addendum shall still be in force and effect.

This addendum shall take effect immediately.

Date Approved: December 10, 2002