Laws & Jurisprudence
THE SOLO PARENT’S WELFARE ACT
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THE SOLO
PARENT’S WELFARE ACT
RA
8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to
solo parents and their children. It aims to develop a comprehensive package of
social development and welfare services for solo parents and their children to
be carried out by the Department of Social Welfare and Development (DSWD), as
the lead agency, various government agencies including NSO and other related
NGOs.
RA 8972 TAKE
EFFECT
RA 8972 was signed into law on November 7,
2000 and took effect on November 28, 2000. Its implementing rules and
regulations (IRR) was approved in April 2002.
CONSIDERED
AS SOLO PARENT
Solo Parent is any individual who falls under
any of the following categories:
1. 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 mother keeps and raises the child.
2. Parent left solo or alone with the
responsibility of parenthood due to the following circumstances:
a. Due to
death of spouse.
b. Spouse is
detained or is serving sentence for a criminal conviction for at least one (1)
year.
c. Physical
and/or mental incapacity of spouse as certified by a public medical
practitioner.
d. 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.
e.
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.
3. 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.
4. Any other person who solely provides
parental care and support to a child or children.
5. 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.
CONDITIONS
FOR THE TERMINATION OF THE PRIVILEGES OF A SOLO PARENT
A change in the status or circumstances of
the parent claiming benefits under this Act, such that he/she is no longer left
alone with the responsibility of parenthood, shall terminate his/her
eligibility for benefits such as change in the status with marriage, the
concerned parent is no longer left alone with the responsibility of parenthood,
etc.
SOLO PARENT
ACT DOES APPLY TO THOSE WHOSE SPOUSE IS ABROAD
The law did not consider this as one of the
categories of solo parent since the other spouse still exercises duties over
his/her family. However, if the other parent is abroad and has lost contact
with his/her family for a year or more, the other parent who is left with the
custody of the family, may be considered as solo parent, provided proofs are
presented to qualify as such.
THE PACKAGE
OF SERVICES FOR SOLO PARENT
The comprehensive package of
programs/services for solo parents includes livelihood, self-employment and
skills development, employment-related benefits, psychosocial, educational,
health and housing services.
THE CRITERIA
FOR SUPPORT
Any solo parent whose income in the place of
domicile falls below the poverty threshold as set by the National Economic and
Development Authority (NEDA) and subject to the assessment of the DSWD worker
in the area shall be eligible for assistance. A Solo Parent can directly
inquire from the following agencies to avail of their services:
1. Health Services (DOH)
2. Educational Services (CHED, TESDA)
3. Housing (NHA)
4. Parental Leave (Employer, DOLE, CSC)
Solo
parent whose income is above the poverty threshold shall enjoy only such
limited benefits as flexible work schedule, parental leave and others to be
determined by the DSWD.
THE STEPS TO
AVAIL OF THE PACKAGE OF SERVICES
A solo parent shall apply for a Solo Parent
Identification Card (Solo Parent ID) from the City/Municipal Social Welfare and
Development (C/MSWD) Office. Once the C/MSWD Office issues the Solo Parent ID,
a solo parent can apply for services he/she needs from the C/MSWD Office or to
specific agencies providing such assistance/services.
THE
REQUIREMENTS IN SECURING A SOLO PARENT ID
1. Barangay certificate residency in the
area;
2. Documents/Evidence that the applicant is a
solo parent (e.g. death certificate of spouse, declaration of nullity of
marriage, medical certificate – if incapacitated); and
3. Income Tax Return (ITR) or certification
from the barangay/municipal treasurer.
DOCUMENT/PROOF
WILL A SOLO PARENT PRESENT IF HE/SHE HAS CHILD OR IS DE FACTO SEPARATED FROM
HUSBAND/WIFE
A Certificate issued by the Barangay Captain
indicating the circumstances on one’s being a solo parent.
IF A SOLO
PARENT FILES THE APPLICATION, AN ID CANNOT BE SECURED RIGHT AWAY
No. The Social Worker has to complete the
assessment/evaluation of the solo parent situation. The ID will be issued after
30 days from filing. The validity of the ID is one year and is renewable.
PARENTAL
LEAVE
Parental Leave refers to leave benefits
granted to a solo parent to enable said parent to perform parental duties and
responsibilities where physical presence is required as provided under Civil
Service Commission (CSC) Memorandum Circular No. 08, series 2004.
PARENTAL
LEAVE IS NOT RETROACTIVE
Parental leave is non-cumulative and can be
availed only during the current year. Further, it can only be availed after the
issuance of the Solo Parent ID.
THE 7-DAY
PARENTAL LEAVE IS NOT IN ADDITION TO THE EXISTING 3-DAY SPECIAL LEAVE PRIVILEGE
The
law clearly indicates that the granting of the 7-day parental leave is on top
of the 3-day special leave and other mandatory leave benefits.
A SOLO
PARENT CAN APPLY FOR PARENTAL LEAVE FOR ANY CHILD
As long as the child is living with him/her,
dependent for support, unmarried, unemployed and below eighteen (18) years old,
or eighteen (18) years old and above but is incapable of self-support and/or
with physical/mental defect/disability.
THE
CONDITIONS FOR GRANTING PARENTAL LEAVE TO SOLO PARENTS
The parental leave of seven (7) days shall be
granted to any Solo Parent employee subject to the following conditions:
1. The solo parent must have rendered
government service for a least one (1) year, whether continuous or broken,
reckoned at the time of the effectivity of the law on September 22, 2002,
regardless of the employment status.
2. The parental leave shall be availed of
every year and shall not be convertible to cash. If not availed within the
calendar year, said privilege shall be forfeited within the same year.
3. The parental leave shall be availed of on
a continuous or staggered basis, subject to the approval of the Administrator.
In this regard, the solo parent shall submit the application for parental leave
at least one (1) week prior to availing the solo parent leave, except on
emergency cases.
4. The
solo parent employee may avail of parental leave under any of the following
circumstances:
a. Attend to
personal milestones of a child such as birthday, communion, graduation and
other similar events;
b. Perform
parental obligations such as enrollment and attendance in school programs, PTA
meetings and the like;
c. Attend to
medical social, spiritual and recreational needs of the child;
d. Other
similar circumstances necessary in the performance of parental duties and
responsibilities, where physical presence of the parent is required.
5. The head of agency/office concerned may
determine whether granting of parental leave is proper or may conduct the
necessary investigation to ascertain if grounds for termination and withdrawal
of the privilege exist.
ON MATERNITY
LEAVE
There is no provision in the law that there
is a maternity leave for Solo Parents, however, other laws can be applied.
References:
1. Republic Act No. 8972 - “An Act Providing
for Benefits and Privileges to Solo Parents and their Children, Appropriating
Funds Thereof and For Other Purposes.” November 2000
2. CSC Memorandum Circular No. 8, s. 2004 -
“Guidelines on the Grant of Parental Leave to Solo Parent.” March 24, 2004
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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